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NY B85926




June 16, 1997

MAR-2 RR:NC:TA:341 B85926

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 4202.32.2000

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Blvd - Suite 1000
Glendale, CA 91203-2671

RE: THE CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF ZIPPERED COIN PURSES FROM CHINA.

Dear Mr. Hernandez:

This is in response to your letter dated May 22, 1997, requesting a ruling on classification and country of origin marking for the imported coin purses.

The samples submitted, identified as styles MA97173 "Hercules" & MA97168 "Megara", are zippered coin purses constructed of a compact plastic with a woven fabric backing present for mere reinforcing. The material is considered a textile material of Section XI, HTSUSA. Your samples are being returned as you requested.

The applicable subheading for Styles MA97173 and MA97168, the coin purses of plastic, will be 4202.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, 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.

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

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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