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January 12, 1999

CLA-2-42:RR:NC:TA:341 D86185

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Len Kreusler
Harry F. Long, Inc.
P.O. Box 905
631 North Central Ave.
Wood Dale, IL 60191-0905

RE: The tariff classification and marking of a mesh carrier from Taiwan.

Dear Mr. Kreusler:

In your letter dated December 14, 1998, on behalf of Obeco, inc., you requested a classification ruling for a mesh carrier.

The sample submitted, no style number indicated, is a bifold mesh carrier designed to contain personal effects such as toiletries and/or other articles. The carrier is constructed of 100 percent nylon mesh fabric. The interior features individual elastic top pockets on either side designed to contain personal effects during travel. In its folded condition the bag is secured by means of top hook and loop fasteners and it is carried by means of double webbed textile carrying straps.

The applicable subheading for the mesh carrier will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.8 percent ad valorem.

The carrier falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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 bag be marked by means of a sewn-in fabric label which reads “Made in Taiwan” near the top handle inside seam to be as conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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