The tariff classification and marking of a bifold mirror from China

NY C87469 May 14, 1998 CLA-2-70:RR:NC:2:226 C87469 CATEGORY: Classification TARIFF NO.: 7009.92.1000 Ms. Katherine Avanessians Mably International, L.L.C. 14 East 60th Street New York, NY 10022 RE: The tariff classification and marking of a bifold mirror from China Dear Ms. Avanessians: In your letter dated May 5, 1998, you requested a tariff classification and marking ruling regarding a glass mirror. A marked sample of the item was submitted with your ruling request. The subject article is a textile covered bifold mirror with the glass surface measuring approximately two inches square. One side is a standard mirror, the other side is a magnification mirror. A gold colored 1 1/2 inch plaque with the word "Tiffany" is featured on the front panel. The applicable subheading for the bifold glass mirror will be 7009.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors, whether or not framed, including rear-view mirrors: other: framed: not over 929 cmý in reflecting area. The rate of duty will be 7.8 percent ad valorem. The submitted sample, features a sticker label which reads "Made in China". A sticker or an adhesive label would be an acceptable marking, provided that the sticker is securely attached and sufficiently permanent so that it will remain on the article until it reaches the ultimate consumer. The glass mirror may be marked in any area of the item that will ensure that the country of origin marking is clear and conspicuous, with lettering that is large enough to be clearly readable. 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 proposed marking of the imported glass mirror, as described, 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 glass mirror. 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 Jacob Bunin at 212-466-5796. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division