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NY F80847




January 27, 2000

CLA-2-42:RR:NC:341:F80847

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Mr. Al Dwek
Telescope Structures, Inc.
109 Phillips Avenue
Deal, NJ 07723

RE: The tariff classification of a PVC carrying bag and wooden dowel from China.

Dear Mr. Dwek:

In your letter dated December 27th, 1999, you requested a tariff classification ruling.

The sample submitted is identified as "Lulav Bag". It measures 46" x 6" and is of clear Polyvinyl Chloride (PVC) sheeting of plastic. All seams are stitched with gold tone piping. The bag has a 46" nylon coil zipper and a small top carry handle of PVC. One end has a small pick-up loop of PVC. The bag is of a size and shape commonly used to contain articles such as sports equipment or a flag set. The bag will be imported packed 24 pieces to an export carton. Each carton will also contain 24 wood dowels.

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. We recommend that the bag be marked by a fabric label sewn into the side of the interior of the bag that reads "Made in China".

Your inquiry does not provide enough information to issue a classification ruling for the wooden dowels. Your request for a classification for the birch dowels should include the following information: dimensions of the dowels as imported; whether both ends of the dowels are worked, and if so, how; and whether the dowels have been sanded finished. In addition, please clarify how the dowels will be packed when imported and how they will be used.

Requests for information regarding regulations administered by the U.S. Department of Agriculture (U.S.D.A.) should be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

The applicable subheading for the PVC bag will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for traveling bagsother, with outer surface of sheeting of plastic or of textile materialsother, other. The rate of duty will be 18.6% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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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