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NY 805225




January 18, 1995

CLA-2-42:S:N:N6:341 805225

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Edward J. Murray
Paris Presents, Inc.
3800 Swanson Court
Gurnee, IL 60031

RE: The tariff classification and marking of a cosmetic bag from China.

Dear Mr. Murray:

In your letter dated December 8, 1994, you requested a tariff classification ruling addressing the acceptability of the country of origin marking as it relates to the sample submitted.

The sample submitted, item 5112, is a cosmetic bag composed of clear pvc designed to contain bath and beauty products. It measures approximately 7 1/2 inches in width by 4 1/2 inched in height. The top is secured by means of a textile zippered closure. Inside the top center of the bag is a sewn in fabric label which clearly states "Made in China". At one end of the zippered closure is an affixed paper label that can be easily removed which reads "Mon Image by Paris Presents Cosmetic Bag" on the front and the "Registered Trademark of Paris Presents and Made in China" on the back in very small print.

The applicable subheading for Item 5112, the cosmetic bag of clear pvc, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 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 legibly, 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.

Part 134, Customs Regulations (19 CFR 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

We agree that the submitted sample country of origin marking as described with the sewn-in fabric label is acceptable and within compliance with (19 U.S.C. 1304) and (19 CFR Part 134). However, it is the opinion of this office that the country of origin marking on the affixed paper label is not as legible or as permanent as the nature of the article will permit.

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

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