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NY N005237

February 8, 2007

MAR-2 RR:NC:2:224


Maureen Ford
One Geoffrey Way
Wayne NJ 07470-2030

RE: The country of origin marking of Hot Wheels® Collector Starter Kit.

Dear Ms. Ford:

This is in response to your letter dated January 10, 2007, requesting a ruling on an acceptable country of origin marking and tariff classification for imported toy car sets. A marked sample was submitted with your letter for review and will be returned at your request.

The item under consideration, TRU 807823 Hot Wheels Collector Starter Kit, consists of eight Hot Wheels vehicles, a 24-car display case capable of desk or wall mounting, and a How Wheels® poster.

The applicable subheading for the Hot Wheels® Collector Starter Kit will be 9503.00.0080, Harmonized tariff Schedule of the United States, which provides for “Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof, Other.” The rate of duty is free.

You indicate that the toy cars are marked “Malaysia,” the plastic collector case is marked “Malaysia,” and that on the retail packaging of the provided sample are the marks “Made in China” in one area and “Case Made in Malaysia, Vehicles Made in China, Malaysia or Thailand, as Marked” in another location.

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.

The origin marking of the sample Hot Wheels® Collector Starter Kit, as described above, is an unacceptable country of origin marking and will not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

In the situation here, in addition to the cars and the collector case being marked with their country of origin, the retail container housing these components must be marked to indicate, clearly and without confusion, the country of origin of these components, e.g., “Case Made in Malaysia, Cars Made in Malaysia.” Also, it is not necessary to add the term “Made in” to the country of origin mark on the cars or the case themselves.

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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