The tariff classification of a compass and a ruler from ChinaDear Mr. Dichter: In your letter dated September August 17, 1994, on behalf of Creative Plastic Industries, Inc., you requested a tariff classification ruling and marking advise. Item # 3005 is called General Issimo - The Ruler. This is an expandable 6" to 12" ruler. This ruler can extend to let you draw or measure up to 12 inches. Item # 3006 is called Christopher Compass. This is an adjustable compass. The legs spread apart so you can draw a circle up to 6 inches in diameter. A pencil is included. The applicable subheading for Items # 3005 a ruler will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for drawing, marking-out or mathematical calculating instruments; instruments for measuring length, for use in the hand; parts and accessories thereof: other instruments. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for Items # 3006 a compass will be

NY 802297 Sep 06 1994 CLA-2-90:S:N:N1:105 802297 CATEGORY: Classification and Marking TARIFF NO.: 9017.80.0000, 9017.20.8090 Mr. Harold DichterLeyden Customs Expediters, Inc.99 Hudson StreetNew York, NY 10013-2896 RE: The tariff classification of a compass and a ruler from China Dear Mr. Dichter: In your letter dated September August 17, 1994, on behalf of Creative Plastic Industries, Inc., you requested a tariff classification ruling and marking advise. Item # 3005 is called General Issimo - The Ruler. This is an expandable 6" to 12" ruler. This ruler can extend to let you draw or measure up to 12 inches. Item # 3006 is called Christopher Compass. This is an adjustable compass. The legs spread apart so you can draw a circle up to 6 inches in diameter. A pencil is included. The applicable subheading for Items # 3005 a ruler will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for drawing, marking-out or mathematical calculating instruments; instruments for measuring length, for use in the hand; parts and accessories thereof: other instruments. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for Items # 3006 a compass will be 9017.20.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for drawing, marking-out or mathematical calculating instruments; instruments for measuring length, for use in the hand; parts and accessories thereof: other drawing instruments: other. The rate of duty will be 5.8 percent ad valorem. Please be advised that each part has to be marked separately with the country of origin. A die stamp is best. However, a label or tag is acceptable if permanently attached. 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 theU.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 C.F.R. §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 C.F.R. §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 C.F.R. §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. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport