The tariff classification of tray and cover with a metal frame covered in organza from China.

NY G88964 April 13, 2001 CLA-2-63:RR:NC:N3:351 G88964 CATEGORY: Classification TARIFF NO.: 6307.90.9989 Ms. Flavia Cesare CFF World Freight 13 Addison Place Valley Stream, NY 11580 RE: The tariff classification of tray and cover with a metal frame covered in organza from China. Dear Ms. Cesare: In your letter dated March 9, 2001, you requested a ruling on behalf of Cosmetech Mably International on tariff classification. Your letter contained a sample of the tray and lid. The tray measures approximately 16” x 9” at the top x 2” deep. The lid is ¾” deep. The frame is composed of 3mm metal bars soldered together at approximately 3” intervals on the bottom. The box has a clear plastic insert which would prevent items from falling through. The tray and lid are to be used to pack cosmetics for retail, but will be imported empty. Your letter states that the lid may be imported separately to be joined with the tray. The applicable subheading for this product will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem. If the top is imported separately, it would also be classified in subheading 6307.90.9989, HTS. Your letter inquires about the marking of this item. You have submitted two labels, one inserted between the clear plastic and the organza, the other a sticker on the corner of the base; you ask if either or both will be acceptable. You also ask if the lid needs to be marked if it is imported separately. Section 134.11 of the Customs Regulations (19 C.F.R. §134.11) provides in part: Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. We suggest that you contact the Customs office at the port through which you plan to import these items to ensure that they will be satisfied that the proposed marking is in compliance with Section 134.11, C.R. 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division