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April 13, 1999

CLA-2-42:RR:NC:341 E80504

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Len Kreulser
United States Brokerage, Inc.
343 N. Wood Dale Road, Suite 201-D
Woodale, Illinois 60191

RE: The tariff classification of a plastic drawstring bag from China

Dear Mr. Kreulser:

In your letter dated April 6, 1999, on behalf of Action Bag & Display, you requested a tariff classification and country of origin marking ruling for a plastic drawstring bag.

The photograph submitted, no style number indicated, is of a clear plastic bag manufactured wholly of polyvinyl chloride (PVC) sheeting material with a top drawstring closure made of man-made plastic fibers. The bag is imported empty. Subsequent to importation, it is used as a packaging material in retail stores. When filled, the bag provides storage, protection, organization and portability for the purchased articles. It is similar to PVC travel bags sold separately or with other items such as cosmetics or toiletries. It is not of a disposable kind and is capable of reuse.

The applicable subheading for the plastic drawstring bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel, sports, and similar bags, other. The rate of duty will be 20% 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. For example, to mark the sample identified in the photograph submitted with your request, a label with the words "Made in China" could be sewn-in or inserted into the top interior seam of the bag.

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.

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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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