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NY 813271




August 29, 1995

CLA-2-42:S:N:N5:341 813271

CATEGORY: CLASSIFICATION

Mr. Robert Dubis
Ontario Sports Products
P.O. Box 866
Uxbridge, Ontario
Canada L9P 1N2

RE: The tariff classification and marking status under the North American Free Trade Agreement (NAFTA), of a ski goggle case from Canada.

Dear Mr. Dubis:

This is in response to your letter dated July 6, 1995, requesting a ruling on the status of a ski goggle case from Canada under the NAFTA.

You have submitted literature of a specially shaped and fitted container for a pair of ski goggles. The article is manufactured of molded plastic and similar to a camera case in design. The item is said to be wholly made in Canada of NAFTA originating materials. You have proposed to mark the case "Made in Canada" by means of a dye stamp on the exterior bottom portion. You have also indicated that the items may be imprinted with logos which are the same as cities or localities in the U.S.

The applicable subheading provision for the ski goggle case of molded plastic will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases and similar containers, other, other, other. The rate of duty will be 20 percent ad valorem.

The cases, being wholly obtained or produced entirely in the territory of Canada, using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12)b)(i). The cases classifiable under 4202.99.9000 will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) 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 Regulation (19 CFR 134) requires in part that when an origin other than the correct country of origin is shown, the correct country of origin must be within close proximity and comparable print.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

Section 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

The proposed marking of imported ski goggle case as described above with the dye stamp marked "Made in Canada" on the exterior bottom portion is not as conspicuous or legible as the article will permit. It is recommended that the country of origin marking be permanently and conspicuously shown on the interior bottom portion so that it would be legible to the ultimate purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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