The tariff classification Areon Wind Fresh line of car air fresheners from Bulgaria

N203235 February 28, 2012 CLA-2-33:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3307.49.0000 Ms. Ana Gladys Reyes Cooperativa de Agua Manantiales de PR (Manacoop) PO Box 194222 San Juan, Puerto Rico 00919 RE: The tariff classification Areon Wind Fresh line of car air fresheners from Bulgaria Dear Ms. Reyes: In your letter dated January 30, 2012, you requested a tariff classification ruling. The representative sample of the Areon Wind Fresh line submitted with your inquiry will be retained by this office. The Areon Wind Fresh line consists of liquid fragrance filled plastic air fresheners. The Areon Wind Fresh line, sold in a retail blister package and marketed as a car air freshener, is manufactured in six fragrances: WF01 Black Ice, WF02 Iceberg, WF03 Fruit Cocktail, WF04 Apple, WF05 Vanilla, and WF06 Oxygen. The applicable subheading for the Areon Wind Fresh line of car air fresheners will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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. Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that the prototype sample submitted with your ruling request was not properly marked with the country of origin. The words "Made in Bulgaria" cannot be found and read without strain. The font and font size are not clear enough to read the country of origin marking. The product must be legibly, conspicuously, and permanently marked to show the appropriate 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 Stephanie Joseph at (646) 733-3268. Sincerely, Thomas J. Russo Director National Commodity Specialist Division