The tariff classification of a spoon from China.

NY G89253 April 20, 2001 CLA-2-82:RR:NC:N1:113 G89253 CATEGORY: Classification TARIFF NO.: 8215.99.4030 Ms. Wendy Smith Production Packaging, Inc. 1800 Averill Road Geneva, IL 60134 RE: The tariff classification of a spoon from China. Dear Ms. Smith: In your letter dated April 10, 2001, you requested a ruling on tariff classification. The sample you provided is a tablespoon with a plastic handle. In your letter, you also request a ruling on marking. The applicable subheading for this product will be 8215.99.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons and ladles, with base metal (except stainless steel) or non-metal handles, tablespoons. The general rate of duty will be 5 percent ad valorem. 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. In this case, the article would be marked “Made in China.” 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. We recommend before importing the goods that you consult with the import specialist at your nearest port for more specific advice on acceptable marking. 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 James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division