CLA-2-68:S:N:N3:226 897558
Mr. Bruce Kindler
Kinco International, Inc.
927 S.E. Marion
P.O. Box 82345
Portland, Oregon 97282-0345
RE: The tariff classification and marking of soapstone from China
Dear Mr. Kindler:
In your letter dated April 6, 1994 you requested a ruling on
the classification and marking of soapstone. You indicated that
this merchandise will be used by welders for marking metal.
Samples were submitted with your ruling request.
Analysis of the samples by our Customs laboratory has
confirmed that the merchandise is soapstone.
The applicable subheading for the soapstone will be
6815.99.20, Harmonized Tariff Schedule of the United States (HTS),
which provides for articles of stone or of other mineral
substances...other articles: other: talc, steatite and soapstone,
cut or sawed or in blanks, crayons, cubes, disks or other forms.
The duty rate will be free.
You indicated that this merchandise will be packed in plastic
containers with ten pieces in each container. You stated that you
will mark these containers with an adhesive sticker indicating the
word "China."
In a telephone conversation with this office and in an
additional letter to this office, you indicated that the
merchandise will only be sold in the containers of ten. You
asserted that you have only one customer, Lincoln, that will
distribute this merchandise to its franchises (auto repair shops)
throughout the United States. You submitted a letter from Lincoln
indicating that all of its franchises will sell the soapstone to the the utlimate consumers in the containers of ten.
Lincoln asserted that the merchandise will never be removed from
the containers and will never be sold to the consumers in
quantities of less than ten.
Assuming this merchandise will always be sold to the ultimate
purchaser in a plastic container of ten, the marking of this
container would be acceptable under certain circumstances. The
container must be securely sealed. The sticker indicating the word
"China" must be legible, indelible, permanent and conspicuous. It
must be difficult to remove this sticker. If the containers also
bear labels indicating the names and U.S. addresses of the
automobile repair shops, the phrase "Made in China" must be printed
on these labels. This phrase must be in close proximity to the
U.S. addresses and must be in lettering which is equal in size to
the lettering which indicates the U.S. addresses.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
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