The tariff classification of Mickey Mitts from China

NY B87119 July 8, 1997 CLA-2-95:RR:NC:SP:225 B87119 CATEGORY: Classification TARIFF NO.: 9505.90.6090 Lauren E. Hong Customs Representative The Walt Disney Company 101 North Brand Boulevard Suite 1000 Glendale, CA 91203-2671 RE: The tariff classification of Mickey Mitts from China Dear Ms. Hong: In your letter dated June 26, 1997 you requested a tariff classification and marking ruling. The item, Mickey Mitts, are large white stuffed acrylic pile items which are worn on the hands. The costume item gives the wearer's hands the same appearance of the hands of that well known cartoon character Micky Mouse, a thumb and three digits. The applicable subheading for the Mickey Mitts will be 9505.90.60.90, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, ....: Other: Other: Other. The rate of duty will be free.  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 marking on the submitted sample 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 Mickey Mitts. Your sample is returned as requested. 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 J. Wong at 212 466-5538. Sincerely, Gwenn Klein Kirschner Chief, Special Products Branch National Commodity Specialist Division