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NY F83377




March 20, 2000

CLA-2-39:RR:NC:SP:222 F83377

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of a plastic Lulav Bag and a wooden dowel from China.

Dear Mr. Dwek:

In your letter dated December 27, 1999, received in this office on February 17, 2000, you requested a tariff classification ruling.

The submitted sample is identified as a Lulav Bag. This bag is made of plastic and measures 46 inches in length. A small wooden dowel is inserted in a narrow pocket along the bottom portion of the bag to keep it straight when in use. The plastic bag and the dowel will be used to hold the palm branch. Your correspondence states that these bags will be packed twenty-four to a container with the dowels spread out on top of the bags. These items will then be sold to retail stores. The retailer will insert the dowels into the bag at time of sale. The dowel and bag do not constitute a set for tariff purposes.

You asked whether it is necessary to mark the wooden dowels with the country of origin.

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.

Country of origin marking requirements will be met provided the dowels and plastic bags are each marked at the time of importation, so that the final purchaser may know the country of origin of each of the items.

The samples are returned as you requested.

Your question regarding the Chinese Beetle (presumably in relation to possible infestations in the wooden dowels) should be directed to the U.S. Department of Agriculture (USDA) at the following location:

USDA
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896

We are unable to rule on the classification of the wooden dowels at this time, since your description of them seems to conflict with the appearance of the sample. Please clarify how the dowels are processed and finished. Identify the specific coating material(s) used.

The applicable subheading for the plastic bags will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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