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NY F84590




March 27, 2000

CLA-2-42:RR:NC:TA:341 F84590

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Ruby L. Wood
Evans And Wood & Co., Inc.
P.O. Box 610005
DFW Airport, TX 75261

RE: The tariff classification of travel bags from Hong Kong and/or China.

Dear Mr. Wood:

In your letter dated March 15, 2000, on behalf of The Container Store, you requested a ruling addressing the acceptability of the country of origin marking as it relates to the samples submitted.

The samples submitted, no style numbers indicated, described as a ‘PVC Pencil Box” and “PVC Mesh Box”, are travel bags of a kind designed to contain personal effects during travel. The bags are manufactured of mesh polyvinyl chloride (PVC) plastic sheeting. They are unlined and measures approximately 7” (W) x 5 1/2”(H) x 2” to 7 3/4”(W) x 2 1/2”(H). Each bag has a zippered top closure. In each bag there is a sewn-in fabric label reading “Made in China” into the top inside seam.

The applicable subheading for the travel bags of plastic will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent 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.

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.

The proposed marking of the imported bags “Made in China”, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported bags. However, each bag imported from Hong Kong must have a sewn-in fabric label which read “Made in Hong Kong” in a conspicuous location to be marked in satisfaction of the marking requirements of 19 U.S.C. 1304.

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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