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NY R02414

September 6, 2005

CLA-2-39:RR:NC:SP:221 R02414


TARIFF NO.: 3926.90.9880

Mr. Adam Levy
The Pure Group, LLC
630 Dundee Road, Suite 220
Northbrook, IL 60062

RE: The tariff classification of “pie picks” from China.

Dear Mr. Levy:

In your letter dated August 10, 2005, you requested a tariff classification ruling.

Photos were provided with your letter. The pie pick is composed of plastic and measures approximately 71 millimeters in length. The logo at the top of the pick indicates that the product is “Sweetened with” followed by the name of a particular artificial sweetener. The letters were molded in at the time of manufacture of the pick and have then been painted with contrasting color paint. The pie picks are inserted into baked goods to identify products made with the artificial sweetener. The pie picks are not resold, though they might be left in a cake or other bakery product that has been sold.

The applicable subheading for the pie picks 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.

You have also inquired as to the country of origin marking requirements. 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 134.1(d), Customs Regulations [19 CFR 134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the form in which it was imported."

You ask whether the pie markers must be individually marked, or whether marking the bag or box containing the pie picks will suffice.

The ultimate purchaser of the pie picks is the bakery that places the picks in the baked product to identify the artificial sweetener. The pie pick is not sold at retail, even though it may remain in a baked product that is sold at retail. Accordingly, marking the containers in which the pie picks are imported and sold to the ultimate purchaser in lieu of marking the individual pie picks is an acceptable country of origin marking for the pie picks, provided the port director is satisfied that the pie picks will be sold in the full marked bags or other containers and that the picks will remain in those marked containers until they reach the ultimate purchaser.

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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