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NY 818336




February 8, 1996

CLA-2-39:RR:NC:TP:221 818336

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.6010; 3924.10.0000; 4202.92.4500

Ms. Cindy Hazlett
Applause Inc.
6101 Variel Avenue
P.O. Box 4183
Woodland Hills, CA 91365-4183

RE: The tariff classification of drinking straws, sipper spoons, and PVC bags from China or Hong Kong.

Dear Ms. Hazlett:

In your letter dated January 17, 1996, you requested a tariff classification ruling.

The first sample consists of six drinking straws, made of polyvinyl chloride (PVC) plastic. Each has a figure of a cartoon character permanently affixed. The straws are placed inside a cylindrical bag made of PVC sheeting with heat sealed seams, a zipper closure, and a PVC loop handle. All of the figures inside one bag will be of one character type, such as all Disney characters, or all Sesame Street characters.

The second sample consists of six sipper spoons, which are straw-like tubes with a spoon-shaped bottom permanently attached. Each of these also contains a permanently mounted figure of a cartoon character. The sipper spoons are placed inside a cylindrical bag made of PVC sheeting with stitched seams, contrasting piping and a webbed nylon carrying handle. The samples are being returned as you requested.

You request classification as a set. To be classifiable as a set, an assortment of articles must consist of at least two different articles which are, prima facie, classifiable in different headings, put up together to meet a particular need or carry out a specific activity, and put up in a manner suitable for sale directly to users without repacking. A group of six straws, or six spoons, in a carrying case does not constitute a set put up to meet a particular need or carry out a specific activity. Therefore, each item is classifiable separately.

The applicable subheading for the drinking straws will be 3917.32.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses...other, not reinforced or otherwise combined with other materials, without fittings, of polyvinyl chloride. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the sipper spoons will be 3924.10.5000, HTS, which provides for tableware and kitchenware, of plastics, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the PVC zipper bags will be 4202.92.4500, 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.

Importations of these products might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename, or copyright registered with the United States Customs Service.

The marking statute, 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.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

In your first sample, the straws are marked to indicate that the country of origin is China, while the bag is not marked. In your second sample, the sipper spoons and bag are both marked to indicate that the country of origin is China, though you state in the letter that the bag is made in Hong Kong. At the time of importation, each of the PVC bags must be legibly, conspicuously, and permanently marked with its own country of origin.

This ruling is being issued under the provisions of Section 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 Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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