The tariff classification of the “Water Pen” from China.

NY G85990 January 16, 2001 CLA-2-96:RR:NC:SP:221 G85990 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Ms. Patti Cordo American Cargo Express 435 Division St. Elizabeth, NJ 07201 RE: The tariff classification of the “Water Pen” from China. Dear Ms. Cordo: In your letter dated January 2, 2001, on behalf of D B Toy Products Inc., you requested a tariff classification ruling. A sample was provided with your letter. The Water Pen is a ball point pen in which the ink refill is encased in a clear plastic sack that is filled with blue-dyed water. The water pens will be sold to a book company which will distribute the pens to schools as part of a “kid’s gift set.” As you requested, the sample is being returned. The applicable subheading for the water pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem. We note that the sample pen is not marked with the country of origin. 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. To satisfy the above country of origin marking requirements, the pens must be legibly, conspicuously and permanently marked with the country of origin. 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 Joan Mazzola at 212-637-7034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division