The tariff classification of air fresheners from Poland and Bulgaria

N278914 September 23, 2016 CLA-2-33:OT:RR:NC:N4:414 CATEGORY: Classification; Marking TARIFF NO.: 3307.49.0000 Ms. Anny Song Ari Customs House Brokers, Inc. 80 Sheridan Blvd. Inwood, NY 11096 RE: The tariff classification of air fresheners from Poland and Bulgaria Dear Ms. Song: In your letter dated July 27, 2016 you requested a tariff classification and country of origin marking ruling on behalf of R.R. Lalena Corp. Six samples of car air fresheners from Bulgaria, numbers G03, G08, G20, G35, G37 and G38, two samples of car air fresheners from Poland, numbers 92667 and 92727, and one car gel air freshener from Poland, “Lemon Tree,” were received with your inquiry. The samples will be retained by this office. The car air fresheners have loops for hanging, are impregnated with fragrances and come in various colors and shapes. The car gel air freshener is in a round glass container with a twist-off top in the shape of a windmill. There are cut-outs in the top that allow the fragrance to escape. 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.Applying the marking rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that the two samples submitted with your ruling request marked with the country of origin "Made in EU" are not properly marked. It is not sufficient to mark the items with the words “Made in EU.” The precise country must be notated. In this instance, the words “Made in Poland” must be clearly visible. The product must be legibly, conspicuously, and permanently marked to show the appropriate country of origin. The applicable subheading for all the air fresheners will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem. 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 https://hts.usitc.gov/current. 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 Barbara Kiefer at barbara.j.kiefer@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division