CLA-2-90:S:N:N1:114 856235

Mr. Robert J. Cox
A. N. Deringer, Inc.
161 Prescott Street
East Boston, Massachusetts 02128

RE: The tariff classification of a pocket telescope from Taiwan

Dear Mr. Cox:

In your letter dated August 28, 1990, you requested a tariff classification ruling. The telescope is designed to be carried in the pocket and has a clip on the barrel. The barrel is composed of metal. The pocket telescope is approximately 5 1/2 inches long and telescopes to approximately 9 inches long.

The applicable subheading for the pocket telescope is 9005.80.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other instruments; Optical telescopes: Other. The rate of duty is 8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Regarding your question on country of origin marking, the pocket telescope must be marked in a legible, conspicuous manner on the article itself. You have indicated in a conversation with the National Import Specialist that the pocket telescope will be imported in an unsealed cardboard box. Marking the country of origin on the box alone is not acceptable.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport