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NY K83310

February 25, 2004
CLA-2-95:RR:NC:SP:225 K83310


TARIFF NO.: 9503.30.0000

Mr. Steven De Core
D & D Customhouse Brokerage
701 Newark Avenue
Elizabeth, NJ 07208

RE: The tariff classification of “Micro Planes” from China/Taiwan/Great Britain/Hong Kong.

Dear Mr. De Core:

In your letter dated February 10, 2004, on behalf of your client, Wallace of Bridgeport dba Top That Inc., you requested a tariff classification ruling.

You submitted a sample of “Micro Planes” which is a toy construction set consisting of 2 plastic propellers, 2 plastic nose cones and 2 propeller tacks made in Taiwan, rubber bands, 1 paper launcher and die cut models made in Hong Kong, a 25mm strip of plasticine (sticky putty) made in Great Britain, and a 48 page instructional book made in China. The basics of micro plane construction are explained and illustrated in the book. By following these directions and illustrated examples, a child 7 years of age and older can derive amusement by constructing their own toy mini planes and gliders. The toy construction set will be packaged in a cardboard box with a window display.

Additionally, we note that the submitted article is not in compliance with the country of origin marking regulations. 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

The country of origin marking on your sample reads: “Printed and bound in China.” This marking is not acceptable as it only applies to the 48 page book and not the propellers, nose cones and tacks made in Taiwan, rubber bands, paper launcher and die cut models made in Hong Kong, or the 25mm strip of plasticine (sticky putty) made in Great Britain. The country of origin of all the components should be listed on your packaging, as the components have just been packaged together and not substantially transformed.

Your sample is being returned upon your request.

The applicable subheading for the “Micro Planes” will be 9503.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other construction sets and constructional toys, and parts and accessories thereof.“ The rate of duty will be free.

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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