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NY C87878


May 27, 1998

CLA-2-39:RR:NC:SP:221 C87878

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Jean Aiello

International Trade Logistics, Inc.

Hemisphere Center, Suite 306

570 U.S. Routes 1 & 9 South

Newark, NJ 07114

RE: The tariff classification of plastic hangers from Hong Kong and China.

Dear Ms. Aiello:

In your letter dated May 14, 1998, on behalf of Contemporary Packaging Corp., you requested a tariff classification ruling.

A sample hanger was submitted with your letter. The hanger is approximately 7 3/4 inches in length. The hook extends approximately 1 inch in height from the base of the bar. The hangers will be imported in bulk boxes. The boxes, though not the hangers, will be marked with the country of origin. After importation, the hangers will be attached to plastic bags. The bags will be used to display and sell various types of goods.

The applicable subheading for the plastic hangers will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You also inquired about country of origin marking. 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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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. In this case, the ultimate purchaser of the plastic hangers is the packager of the plastic bags to which the hangers will be attached.

An article is excepted from marking under 19 U.S.C. §1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 C.F.R. §134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. In this instance, the marking of the outer cartons will be sufficient, provided that the port director where entry is made is satisfied that the hangers will reach the final purchaser in the marked cartons.

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,


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