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NY A82330




May 3, 1996

CLA-2-39:RR:NC:TP:221 A82330

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9890

Mr. Rostislav Cuhel
RAC Enterprise
129 Nelson Street
Clifton, NJ 07013

RE: The tariff classification of the "Bra Strap Clip" from the Czech Republic.

Dear Mr. Cuhel:

In your letter dated April 3, 1996, you requested a tariff classification ruling.

The bra strap clip (also known as the "Snappy Clip")is composed of plastics. The clip is designed to secure the shoulder straps of a bra with the bottom of the shoulder seam of the outer garments, such as dresses, blouses and tank-top shirts. The purpose is to prevent the misalignment of the bra straps.

The applicable subheading for the bra strap clips will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The duty rate will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9890, HTS, which are products of the Czech Republic are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

You also inquired about the country of origin marking. The bra straps will be imported as loose pieces in boxes. After importation, the clips will be packed in retail packages
containing two or six clips. You ask if it is necessary to mark each clip individually. You would prefer to mark only the boxes in which the clips are imported.

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.

Part 134, Customs Regulations (19 CFR Part 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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the bra strap clips is the consumer who purchases the product at retail.

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. However, since the bra strap clips are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the port director is satisfied that the imported bra strap clips will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case marking of the individual imported bra strap clips will not be required.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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