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NY K83688

March 12, 2004
CLA-2-95:RR:NC:SP:225 K83688


TARIFF NO.: 9503.60.2000

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

RE: The tariff classification of “Puzzles and Brainteasers” from China.

Dear Mr. De Core:

In your letter dated February 24, 2004, on behalf of your client, Wallace of Bridgeport dba Top That Inc., you requested a tariff classification ruling.

You submitted a sample of “Puzzles and Brainteasers”, which is a boxed set consisting of 3-D metal puzzles, puzzle tangrams, and a 48 page book that offers additional puzzles, word games, and brainteasers. The solutions to these word and shape puzzles are provided in the back of the book. The set is designed to provide amusement to a person unraveling the answers to these problems.

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. Components sourced from Hong Kong.” This marking is not acceptable as “Printed and bound in China” only applies to the 48 page book, and “Components sourced from Hong Kong” only means that you procured the components from Hong Kong. It does not indicate whether the components were actually made in Hong Kong. The country of origin of all the components should be listed on your packaging. Acceptable marking would be “Book made in China. 3-D metal puzzles and puzzle tangrams made in Hong Kong.”

Your sample is being returned as requested.

The applicable subheading for “Puzzles and Brainteasers” will be 9503.60.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Puzzles and parts and accessories thereof: Other.” 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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