CLA-2-49:RR:NC:SP:234 D83575
Mr. Tom Paciaffi
Coronet Brokers Corp.
PO Box 300764
Jamaica, NY 11430-0764
RE: The tariff classification of "pocket billboards" from China
or Hong Kong.
Dear Mr. Paciaffi:
In your letter dated October 5, 1998, on behalf of Pocket
Billboard Inc., you requested a tariff classification ruling.
A sample identified as a "pocket billboard" was submitted
and is being returned to you as requested. It consists of a
strip of paper, 3" wide by 28" long, fan-folded and affixed
between two magnetized, credit-card-like covers which cling to
one another. The paper, which can be unfolded and viewed by
pulling the two covers apart, is printed on both sides with
photos and information, said to be of a promotional nature,
concerning a professional sports organization. Advertisements
for related and unrelated products are also interspersed.
Although you state that the printed content of the imported
product will vary "depending on the advertiser," for the purposes
of this ruling it is assumed that all versions will be
essentially promotional in nature.
The applicable subheading for the "pocket billboards" will
be 4911.10.0080, Harmonized Tariff Schedule of the United States
(HTS), which provides for other (than certain enumerated) printed
trade advertising material. The rate of duty will be free.
You also requested advice as to where the country of origin
marking should be placed on the product. (Marking indicating
foreign origin is not present on the submitted sample or its
container, an unsealed cellophane sleeve.) In this connection,
we note that the words "Manufactured by Pocket Billboard (R),"
immediately followed by that firm's New York/U.S.A. address,
appear at a few different locations on the item, including the
inside of the front cover.
The current marking, if it were to remain unchanged on the
imported product, would constitute a "false designation of
origin," as contemplated by Section 11.13 of the Customs
Regulations (19 C.F.R. 11.13), and would render the articles
subject to detention upon their arrival in the United States.
Bringing the items into compliance while retaining the
existing wording would require adherence to Section 134.46 of the
Customs Regulations (19 C.F.R. 134.46). That is, the country of
origin marking (e.g., "Made in China") would have to be placed in
close proximity, and in lettering of at least a comparable size,
to all occurrences of the current "Manufactured by...New
York/U.S.A." wording. (Since this marking modification would
still be potentially confusing, implying two places of
manufacture, it would be preferable to use words like
"Manufactured for...", or "Distributed by..." instead of the
current "Manufactured by...".)
Alternatively, if the importer chooses to delete all
references to its U.S. address, the product will then be subject
to the general rule which requires the country of origin marking
to appear in a conspicuous place, and to be legible and
sufficiently permanent to reach the ultimate purchaser or
recipient.
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 Carl
Abramowitz at 212-466-5733.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division