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NY L86615

August 3, 2005

CLA-2-95:RR:NC:SP:225 L86615


TARIFF NO.: 9503.50.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a toy musical instrument from China.

Dear Mr. Maher:

In your letter dated July 28, 2005, on behalf of RoseArt Industries, you requested a tariff classification ruling.

You submitted a sample of a “Singing Backpack Clip” identified as style number W1874X008/0010, which is being returned upon your request.

The item consists of a plastic amulet-shaped toy musical instrument that measures approximately ¾” in height x 1-3/4” in width x 2-1/2” in length, with an attached clip for a backpack, and is packaged on a hang card. The front of the toy has a holographic image of Sleeping Beauty that assumes different poses when the toy is moved. When the holographic image is pressed, it plays a pre-recorded song portion. The toy requires three 1.5 volt batteries, which are included. Manipulating the toy to see the various holographic poses while playing the song will provide frivolous amusement for a young child.

The applicable subheading for the “Singing Backpack Clip” identified as style number W1874X008/0010 will be 9503.50.0000, Harmonized Tariff Schedule (HTS), which provides for “Other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Toy musical instruments and apparatus and parts and accessories thereof.” The rate of duty will be Free.

Additionally, we note that the submitted article is not in compliance with the country of origin marking regulations. According to Section 134.46 of the Customs Regulations (19 CFR 134.46), the law 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 country of origin marking on the hang card packaging for the “Singing Backpack Clip” is not conspicuous, as the ultimate purchaser in the U.S. can not find the marking easily and read it without strain. “Made in China” is located below the other printed wording, including instructions for replacement of batteries, the corporate address in California, the importer’s address in Canada, pricing in the United States and Canada, and the bar code. Additionally, the “Made in China” is printed in much smaller lettering and typeface then any other of the printed information. Marking in this fashion is unacceptable as it could lead the ultimate purchaser to confuse the corporate address (United States) or the importer’s address (Ontario, Canada) with the actual country of origin, China.

In order to comply with the marking requirements this office suggests that the type print for the country of origin “Made in China” must also be of the same size lettering and same boldness as that of the corporate and importer addresses, and located in proximity to them. You may contact your local Customs port for guidance in developing other acceptable alternatives of marking your product prior to importation.

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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