CLA-2-44:RR:NC:2:230 K81097
Mr. Eric Nersesian
Nerses Rex Humidors
68 Central Avenue
Madison, NJ 07940
RE: The tariff classification and marking of a wooden cigar humidor from Peru
Dear Mr. Nersesian:
In your letter which was received in our office on November 17, 2003, you requested a tariff classification and a marking ruling.
The ruling was requested on a wooden cigar humidor. The humidor is described as a wooden box used to store cigars at a certain level of humidity. The box will be made of Spanish cedar and will have an outer surface of mahogany veneer. The bottom of the box will be covered with velvet.
The applicable subheading for the wooden cigar humidor will be 4420.90.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cigar and cigarette boxes of wood. The rate of duty will be free.
In addition, you requested an exemption from the country of origin marking requirement because you cannot find an acceptable method of marking the humidors. You state that the sides and top are covered with a thin veneer polished to a high shine that would be ruined if marked. Further, you believe that because the bottom is lined with velvet and the inside is too humid, the humidor cannot be marked.
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 United States 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.
A paper sticker or a pressure sensitive label may be used to mark the wooden humidor without causing injury. As long as the sticker is affixed in a conspicuous place and as long as it is affixed securely enough to remain on the humidor while being shipped, stored and examined by the consumer, it is an acceptable method of marking.
Therefore, we find no basis for an exception from the marking requirement for the wooden humidor. The humidor may be marked with the country of origin by the method described above in order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.
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 Paul Garretto at 646-733-3035.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division