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January 27, 1999

CLA-2-42:RR:NC:TA:341 D86512

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.3031

Mr. Peter K. Schlesinger
Atlantic Customs Brokers, Inc.
151 East Street
New Haven, CT 06511

RE: The tariff classification and marking of drawstring pouch from Japan.

Dear Mr. Schlesinger:

In your letter dated December 30, 1998, on behalf of Mary B. Ryan, you requested a classification ruling for a drawstring pouch.

The sample submitted, no style number indicated, is a drawstring pouch designed to contain personal effects during travel. You have indicated that the pouch may be manufactured of 100 percent cotton and/or 100 percent man-made materials. The pouch measures approximately 8"(W) x 9 1/2(H).

The applicable subheading for the drawstring pouch if of cotton will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the drawstring pouch if of textile man-made materials, will be 4202.92.3031, 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.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Items classifiable under 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of Japan are subject to 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 of a sewn-in fabric label which reads “Made in Japan” near the top inside seam to be as conspicuously, legibly and permanently marked as the article will permit and within 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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