The tariff classification and marking of a ceramic mug from China.

NY G89509 May 4, 2001 CLA-2-69:RR:NC:2:227 G89509 CATEGORY: Classification TARIFF NO.: 6912.00.4400 Mr. Len Kreusler Global Fairways International Transportation and Logistics 373 N. Wood Dale Road Wood Dale, IL 60191 RE: The tariff classification and marking of a ceramic mug from China. Dear Mr. Kreusler In your letter dated April 9, 2001, on behalf of Production Packaging, Inc., you requested a tariff classification and marking ruling. The sample submitted is a ceramic barrel-shaped mug of stoneware, measuring approximately 3 ¾ inches in height with an open top diameter of 2 7/8 inches, that possesses a looped handle. It features a white-colored exterior with the wording “got milk?” as well as the design of black cow-like patches. It is noted that the bottom of the mug is conspicuously and permanently marked, via the process of decalcomania, with the wording “Made in China.” Moreover, it is retail packed in a small box that indicates on its lid the retailer’s name, Great American Opportunities, Inc., while near the edge of its bottom, there is a securely affixed self-adhesive label indicating “Made in China.” The applicable subheading for this ceramic mug will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware…other than of porcelain or china: mugs and other steins. The rate of duty will be 10 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. Although the article itself is properly marked, the proposed marking of the retail packed box, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for this merchandise. 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 George Kalkines at 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division