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NY 804431




November 28, 1994

CLA-2-42:S:N:N6:341 804431

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.1000

Mr. Samuel Zekser, D.E.
Sobel Shipping Co., Inc.
170 Broadway - Suite 1501
New York, NY 10038-4184

RE: The tariff classification and marking of a wrist purse from China.

Dear Mr. Zekser:

In your letter dated November 17, 1994, on behalf of Hall Associates, Inc., you requested a tariff classification ruling addressing the acceptability of the country of origin as it relates to the sample submitted.

The sample submitted is a wrist purse composed of an exterior surface of plastic sheeting with a reinforced textile backing. The purse will be imported in a clear plastic bag which is permanently heat sealed and will not be opened until it reaches the ultimate consumer. The outer surface of the heat sealed bag is marked with an adhesive label which reads "Made in China" in a conspicuous and legible manner to indicate to the ultimate purchaser the country of origin.

The applicable subheading for the wrist purse of reinforced plastic sheeting will be 4202.32.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, of reinforced or laminated plastics. The rate of duty will be 12.1 cents per kilogram plus 4.6 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of a foreign origin imported into the U.S. shall be marked in a conspicuous place as legible, indelibly, and permanently as the nature of the article 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.

2

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32 (d), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, the marking of a container in lieu of the article itself is acceptable if the article is imported in a properly marked container and Customs is satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container.

Accordingly, we find that the submitted sample "Made in China" on the heat sealed plastic container is acceptable, easily visible and reasonably indicates the country of origin marking to the ultimate purchaser prior to purchase.

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

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