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NY I89231

December 23, 2002

CLA-2-69:RR:NC:2:227 I89231


TARIFF NO.: 6914.10.8000

Mr. Ed Scott
Emery Customs Brokers
5337 NE Courier Ct.
Portland, OR 97218

RE: The tariff classification and marking of porcelain doorknobs, from China, with brass spindle from India.

Dear Mr. Scott:

In your letter dated December 6, 2002, on behalf of Rejuvenation, Inc., you requested a tariff classification and marking ruling.

The sample submitted is two porcelain doorknobs, originating in China, which are affixed to a brass spindle originating in India.

The applicable subheading for the porcelain doorknobs with brass spindle will be 6914.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic articles: of porcelain or china: other. The rate of duty will be 9 percent ad valorem.

In regard to the proper marking of these articles, 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 CFR 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 CFR 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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

In the instant case, the imported retail packaging should be marked to indicate that the porcelain doorknobs are products of China and the brass spindle originates in India, all in accordance with the above-stated marking regulations.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

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