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NY G86448




January 29, 2001

CLA-2-90:RR:NC:MM:105 G86448

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.30.0000

Mr. Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, MI 48034

RE: The tariff classification and country of origin marking of breast prostheses from Brazil

Dear Mr. Krueger:

In your letter, dated January 4, 2001, for Tech Georgia, you requested a tariff classification ruling. A sample and literature were provided.

You state, “The product is made from a 100% cotton cloth bag with polyurethane padding and low-density plastic beads. It comes in different sizes and is weighted to approximate the human breast.”

The literature indicates that the largest size weighs 635 grams, about 1.5 pounds. Thus, both by size and by weight your items are easily distinguished from “falsies”, worn by women with normal breasts to fill out a larger brassiere.

You also state, “ The product is of Brazilian origin and will be imported from Brazil in bulk containers containing 2000 to 3000 pieces, primarily through the port of Atlanta, GA and will be repackaged in the United States with proper origin marking.”

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 C.F.R. 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since the prostheses are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 C.F.R. 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 C.F.R. 134.34), provides that an exception may be authorized in the discretion of the port director under 19 C.F.R. 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the port director is satisfied that the imported prostheses will be repacked in the manner described above, and that the other conditions set forth in 19 C.F.R. 134.34 are met, the port director may authorize an exception under 19 C.F.R. 134.32(d), in which case individual marking of the imported prostheses will not be required.

We agree that the applicable subheading for your prostheses will be 9021.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other artificial parts of the body. The rate of duty will be free.

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

The sample is being returned to you in a separate mailing.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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