The tariff classification of a travel mug from China. Correction to Ruling Number N050342.

N051495 February 10, 2009 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7323.93.0080 Ms. Kathy Gallogly Evans, Wood & Caulfield, Inc. 100 N. Centre Avenue, Suite 201 Rockville Centre, NY 11570 RE: The tariff classification of a travel mug from China. Correction to Ruling Number N050342. Dear Ms. Gallogly: This replaces Ruling Number N050342, dated February 4, 2009, which contained a clerical error with regard to the name of the importer of record. A complete corrected ruling follows. In your letter dated January 27, 2009, on behalf of Urban Trend, you requested a tariff classification ruling. A sample of the item was submitted for our review and was returned to you as requested. The sample you submitted is identified as a Digi-Mug (item number 10-233). It is a non-vacuum travel mug that incorporates a 1-inch square digital photo frame on its side. The digital photo frame has 1 MB of memory and can display a slide show of 45 photos. The mug itself is made principally of stainless steel. The applicable subheading for the travel mug will be 7323.93.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, of stainless steel, other. The rate of duty will be 2 percent ad valorem. We note that your sample travel mug is not legally marked with the country of origin. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States" or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In this instance, the travel mug has UrbanTrend’s American address on its side. In order to satisfy the close proximity requirement of 19 CFR 134.46, there should appear, legibly and permanently, in close proximity to the words “Newport Beach, CA 92660”, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.      Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division