United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 NY Rulings > NY G86883 - NY G87110 > NY G86921

Previous Ruling Next Ruling
NY G86921




February 7, 2001

CLA-2-42:RR:NC:N3:341 G86921

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Nancy Bosseckert
Freight Brokers International Inc.
1200 Brunkswick Ave.
P.O. Box 960219
Inwood, NY 11096

RE: The tariff classification of scooter bag from China, Taiwan, India, or Thailand.

Dear Ms. Bosseckert:

In your letter dated January 24th, 2001, you requested a ruling on behalf of Taktiks Corporation on tariff classification.

The sample submitted with your request, “Scoot Boot”, is a carry bag specially shaped and fitted to contain a mini-scooter. The bag is of nylon textile materials and is secured by a zippered closure. A carry strap is permanently attached to the bag.

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. We recommend that a label be sewn into the side interior of the bag that reads, “Made in China” (or other country, as applicable).

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The outer carton with the U.S. address must conform with 19 CFR 134.46; the country of origin must be shown where the U.S. origin is shown.

The applicable subheading for this product will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesother, of man-made fibers. The general rate of duty will be 18.3% ad valorem.

Items classifiable under HTS subheading 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China, Taiwan, India and Thailand are subject to the requirement of a visa and products of China, Taiwan, and India are subject to quota.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

Your sample is being returned as requested.

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,

Previous Ruling Next Ruling

See also: