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NY H81313




June 19, 2001

CLA-2-90:RR:NC:MM:114 H81313

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9004.90.00; 4202.32.9550

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: The tariff classification and country of origin marking of goggles with cases, goggles, and drawstring pouches from Taiwan

Dear Mr. Unger:

In your undated letter received by this office on May 21, 2001, on behalf of Global Vision Eyewear Corporation, you requested a tariff classification ruling and a ruling on whether the proposed marking is an acceptable country of origin marking for imported goggles with cases, goggles and drawstring pouches. Samples of the goggles with cases, goggles, drawstring pouches, and a catalog were furnished with your request for a ruling.

The submitted item Ai, identified as GV Adaptables, consists of goggles with interchangeable polycarbonate lenses, which are imported and sold with a neoprene head strap and a rubber/nylon case. The lenses include yellow tint, smoked, clear, clear mirrored and driving mirrored. The goggles are designed to cover the eyes of the wearer for protection. The case is composed of 75 percent rubber and 25 percent nylon. The case features interior pockets for the lenses, two belt loops and a zipper closure. The goggles, interchangeable lenses and head strap are packed in the case ready for retail sale.

The submitted item Aii, identified as the C-2000 Touring Kit, consists of goggles with interchangeable single polycarbonate lenses, which are imported and sold with a neoprene head strap and a rubber/nylon case. The lenses include yellow tint, smoked, clear, clear mirrored and driving mirrored. The goggles are designed to cover the eyes of the wearer for protection. The case is composed of 75 percent rubber and 25 percent nylon. The case features interior pockets for the lenses, two belt loops, and a zipper closure. The goggles, interchangeable lenses and head strap are packed in the case ready for retail sale.

The submitted item Aiii, identified as Caven, consists of goggles with interchangeable single polycarbonate lenses, which are imported and sold with an adjustable elastic head strap and a polyester case. The lenses include yellow tint and clear. The goggles are designed to cover the eyes of the wearer for protection. The case is composed of 100 percent polyester. The case features interior pockets for the lenses, a belt loop and clip, and a zipper closure. The goggles, lenses, and head strap are packed in the case ready for retail sale.

When the goggles and cases are imported together in the same shipment containing equal numbers of goggles and cases, the goggles and cases are classifiable as goggles in Harmonized Tariff Schedule of the United States (HTS) heading 9004.

The submitted item B, identified as Pouch-1, is a drawstring pouch composed of 100 percent polyester. The pouch measures approximately 7 3/4 inches in length and 4 inches in width.

The submitted item C, identified as Leopard Combo, consists of goggles and a drawstring pouch. The goggles are composed of leopard patterned plastic frames and tinted polycarbonate lenses. The goggles are designed to cover the eyes of the wearer for protection. The matching leopard patterned drawstring pouch is composed of 100 percent polyester. The pouch measures approximately 7 1/2 inches in length and 3 1/2 inches in width. You have indicated that the goggles are imported and sold with the pouch. However, for classification purposes the goggles and the pouch will be classified separately.

Your samples and catalog are being returned as requested.

The applicable subheading for the GV Adaptables, C-2000 Touring Kit, Caven, and Leopard Goggles will be 9004.90.00, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the Pouch-1 and Leopard Pouch of textile man-made materials will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag; with outer surface of textile materials; other; other; of man-made fibers. The rate of duty will be 18.3 percent ad valorem.

Items classifiable under HTS subheading 4202.32.9550 fall within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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.

You have also asked for a ruling on U.S. Customs marking requirements for the goggles, cases and drawstring pouches. These items must be marked in accordance with the marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304).

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 C.F.R. §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 C.F.R. §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 C.F.R. §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 submitted goggles are marked with the word “TAIWAN” in indented lettering molded into the frames. This marking is an acceptable country of origin marking for the imported goggles.

The submitted cases and pouches are not marked with the country of origin. We suggest that each case and pouch be marked by means of a sewn-in fabric label which reads “Made in Taiwan" in a conspicuous location and/or into the top inside seam.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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