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NY A89603




December 2, 1996

CLA-2 RR:NC:WA:341 A89603

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Mr. Ruby L. Wood
Evans And Wood & Co., Inc.
P.O. Box 610005
D/FW Airport, TX 75261

RE: The tariff classification and marking of a utility carry case from Italy.

Dear Mr. Wood:

This is in response to your letter dated November 15, 1996, on behalf of The Container Store, requesting a tariff classification and the acceptability of the proposed country of origin marking of the sample submitted.

The sample submitted, no style number indicated, described as a "Club Classic Work Box", is a utility carry case similar to fishing tackle boxes composed of molded plastic. The case is a container of a kind designed to provide storage, protection, organization and portability to its contents. The interior is designed with a plastic divided lift-out tray and a plastic accessory case. The item is secured by means of hinged lid with lift-lock fasteners. It measures approximately 15" x 9 3/4" x 8" and features a molded plastic carry handle. The case is marked by means of an adhesive label which reads "Made in Italy" on the front exterior to indicate to the ultimate purchaser the country of origin. Your sample is being returned as you requested.

The applicable subheading for the utility carry case of molded Plastic will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, other, other, other. The rate of duty will be 20 percent ad valorem.

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.

The proposed marking of the imported utility carry case, as described above is acceptable provided the adhesive label currently placed on the box appears to be of such a nature that it will remain until purchased by the ultimate purchaser. We recommend that country of origin "Made in Italy" be conspicuously printed on the label.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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