CLA-2-70:RR:NC:2:226 C87469
Ms. Katherine Avanessians
Mably International, L.L.C.
14 East 60th Street
New York, NY 10022
RE: The tariff classification and marking of a bifold mirror
from China
Dear Ms. Avanessians:
In your letter dated May 5, 1998, you requested a tariff
classification and marking ruling regarding a glass mirror. A
marked sample of the item was submitted with your ruling request.
The subject article is a textile covered bifold mirror with
the glass surface measuring approximately two inches square. One
side is a standard mirror, the other side is a magnification
mirror. A gold colored 1 1/2 inch plaque with the word "Tiffany"
is featured on the front panel.
The applicable subheading for the bifold glass mirror will
be 7009.92.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for glass mirrors, whether or not framed,
including rear-view mirrors: other: framed: not over 929 cmý in
reflecting area. The rate of duty will be 7.8 percent ad
valorem.
The submitted sample, features a sticker label which reads
"Made in China". A sticker or an adhesive label would be an
acceptable marking, provided that the sticker is securely
attached and sufficiently permanent so that it will remain on the
article until it reaches the ultimate consumer. The glass mirror
may be marked in any area of the item that will ensure that the
country of origin marking is clear and conspicuous, with
lettering that is large enough to be clearly readable.
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 proposed marking of the imported glass mirror, as
described, is conspicuously, legibly and permanently marked 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 glass mirror.
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
Jacob Bunin at 212-466-5796.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division