The tariff classification of "Fantastic Beads" from Taiwan and China.

NY K83343 February 27, 2004 CLA-2-95:RR:NC:SP:225 K83343 CATEGORY: Classification TARIFF NO.: 9503.70.0000 Mr. Steven De Core D & D Customhouse Brokerage 701 Newark Avenue Elizabeth, NJ 07208 RE: The tariff classification of “Fantastic Beads” from Taiwan and China. Dear Mr. De Core: In your letter dated February 10, 2004, on behalf of your client, Wallace of Bridgeport dba Top That Inc., you requested a tariff classification ruling. You submitted a sample of “Fantastic Beads” which is an educational toy craft kit consisting of plastic beads of assorted sizes, shapes and colors and jewelry wire made in Taiwan, and a 48 page instructional book (made in China). The basics of making various rings and bands are explained and illustrated in the book. By following these directions and illustrated examples, a child 7 years of age and older can make their own patterned beginner rings. The toy craft kit will be packaged in a cardboard box with a window display. Additionally, we note that the submitted article is not in compliance with the country of origin marking regulations. 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 country of origin marking on your sample reads: “Printed and bound in China.” This marking is not acceptable as it only applies to the 48 page book and not the beads and jewelry wire which are made in Taiwan. The country of origin of all the components should be listed on your packaging, as the components have just been packaged together and not substantially transformed. Your sample is being returned as requested. The applicable subheading for the “Fantastic Beads” will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” The rate of duty will be free. 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 Wong at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division