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NY M82558

April 21, 2006

MAR-2 RR:NC:2:224 M82558


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

RE: Country of origin of yellow and color pencils; Marking.

Dear Mr. Maher:

This is in response to your letters dated September 7, 2005 and April 3, 2006, requesting a ruling on behalf of Roseart Industries, concerning the country of origin of certain imported yellow pencils and colored pencils.

Company correspondence dated March 29, 2006 furnished with your ruling request indicates that the material components for the wood cased lead pencils with the exception of the ferrule, which is produced in China and shipped to Vietnam, are wholly the source and production of Vietnam and, together with the labor costs, constitute over 90 percent of the total value of the pencils. Thus, the country of origin of the yellow wood cased lead pencils is Vietnam.

In the case of the wood cased colored pencils, the Vietnamese materials, labor and other expenses constitute over 73 percent of the total value of the pencils. The color core for the colored pencils is manufactured in Indonesia and shipped to Vietnam for insertion into the finished pencil. The color core loses its identity when it is assembled into the pencils, and the country of origin of the wood cased colored pencils is Vietnam.

Based on the facts submitted, we believe that the wood cased colored and wood cased lead pencils are classified in subheading 9609.10.0000 of the Harmonized Tariff Schedule of the United States.

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 134.44, 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.

We cannot comment on the actual marking of the subject wood cased colored and wood cased lead pencils because we have received neither a description of the country of origin mark nor a marked sample pencil. You should insure that the proposed marking of imported pencils is conspicuously, legibly and permanently marked to indicate the country of origin as Vietnam or The Socialist Republic of Vietnam in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported pencils.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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