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NY B84869




May 30, 1997

MAR-2 RR:NC:TA:341 B84869

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 4202.22.1500; 9609.10.0000; 4016.92.0000; 4820.10.2020

Ms. Lauren E. Hong
The Disney Store, Inc.
101 North Brand Blvd. - Suite 1000
Gendale, CA 91203-2671

RE: THE CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF A SHOULDER BAG, PENCILS, AN ERASER AND A NOTE PAD.

Dear Ms. Hong

This is in response to your letter dated May 1, 1997, requesting a ruling on the classification and country of origin marking for a shoulder bag, pencils, an eraser and a note pad.

The sample submitted, no style indicated, described as a "Stationary Keeper", is a shoulder bag constructed of PVC plastic sheeting. Inside the bag is a cellophane package containing pencils, a hard rubber eraser and a note pad. The shoulder bag measures approximately 4 3/4" x 6 1/2" x 1". It is secured by means of a flap with a hook and loop fastener. The front of the flap depicts a "Disney" character. Your sample is being returned as you requested.

The applicable subheading for the shoulder bag of PVC plastic sheeting will be 4202.22.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastic. The rate of duty will be 18.8 percent ad valorem.

The applicable subheading for the pencils will 9609.10.0000, HTS, which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the eraser will be 4016.92.0000, HTS, which provides for other articles of vulcanized rubber other than hard rubber... erasers. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the note pad will be 4820.10.2020, HTS, which provides for memorandum pads, letter pad and similar articles. The rate of duty will be 2.8 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.

We suggest that the shoulder bag be marked by means of a sewn-in fabric label which reads "Made in China" into the top inside seam.

For the pencils, the marking on the attached hang tag is adequate and acceptable marking.

The eraser and note pad must be marked "Made in Taiwan" in a conspicuous location as legibly and permanently as the nature of the articles will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the articles.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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