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NY J83693

May 1, 2003

CLA-2-39:RR:NC:SP:221 J83693


TARIFF NO.: 3926.90.9880

Mr. Richard A. Rivkin
L.G. Traders, Ltd.
205 Huehl Road
Northbrook, IL 60062

RE: The tariff classification of a plastic spring clamp (item #21) from China.

Dear Mr. Rivkin:

In your letter dated April 10, 2003, on behalf of W.H. Salisbury & Co., you requested a tariff classification ruling.

A sample was provided with your letter. The spring clamp is composed of nylon plastic. It has a metal spring and protective rubber tips.

The applicable subheading for the plastic spring clamp will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The sample spring clamp is marked in raised letters with the words “W.H. Salisbury and Company, Chicago.”

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.

Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign

country or locality other than the country or locality in which the article was 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 domestic location marked on the clamp could lead the purchaser to assume the clamp was made in the United States. The sample clamp is not legally marked.

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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