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NY I88296




December 6, 2002

CLA-2-90:RR:NC:MM:114 I88296

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9013.80.2000

Mr. Larry J. Thibodeaux, Jr.
President
ClearView Products
P.O. Box 24700
New Orleans, LA 70124

RE: The tariff classification and country of origin marking of Magna-Vider Value Pack from Taiwan

Dear Mr. Thibodeaux:

In your letter dated October 25, 2002, you requested a tariff classification ruling and a ruling on whether the proposed marking of the Magna-Vider Value Pack from Taiwan is an acceptable country of origin marking. One sample of each variety of magnifier in the Magna-Vider Value Pack and marked samples of the package design were submitted with the ruling request.

The submitted article, bar code number 7 92624 01011 3, is identified as the Magna-Vider Value Pack which contains 8 lightweight plastic magnifiers. The Magna-Vider Value Pack includes three magnifier/dividers, one badge buddy magnifier, two business card-size magnifiers and two bookmark magnifiers. You have indicated that each variety of magnifier is individually packaged with one side of the package imprinted to inform the consumer of use and modification. Each individual packaging also indicates that the package is not designed for individual sale. The individual packages for the magnifiers in the Magna-Vider Value Pack will be enclosed in one master package. The marked sample of the master packaging has the country of origin of the magnifiers printed in close proximity and in lettering of comparable size to the company’s U.S. location. You have indicated in your letter that "Made in Taiwan" will be printed in larger lettering than “ClearView Products, New Orleans, LA 70184”.

The applicable subheading for the Magna-Vider Value Pack will be 9013.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical appliances and instruments, not specified or included elsewhere in this chapter; other devices, appliances and instruments; hand magnifiers, magnifying glasses, loupes, thread counters and similar apparatus. The rate of duty will be 6.6 percent ad valorem.

You have also asked for a ruling on U.S. Customs marking requirements.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture.

In this case, the reference to the company’s U.S. location on the master packaging triggers the requirements of 19 C.F.R. §134.46, which requires that if the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the articles were manufactured, or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual country of origin of the imported goods. The close proximity requirement has been interpreted to mean the same surface or the same side in which the name of the locality other than the country of origin appears.

You have indicated in your letter that each variety of magnifier is individually packaged and the individual packaging is not designed for individual sale. The individual packages of magnifiers will be enclosed in a master package. The submitted sample of the rear panel of the master packaging for the Magna-Vider Value Pack has the country of origin marking of the magnifiers in close proximity and in lettering of comparable size to the words “ClearView Products, New Orleans, LA 70184".

The proposed section 304 marking of the imported Magna-Vider Value Pack satisfies the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is acceptable for the country of origin marking for the Magna-Vider Value Pack.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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