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NY I80784




April 26, 2002

CLA-2-39:RR:NC:SP:221 I80784

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3926.90.9880

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221-0877

RE: The tariff classification of the “Line Tightener” (P/N: A-71) from China.

Dear Mr. Reider:

In your letter dated February 13, 2002, on behalf of TOMCO Engineering Limited, Hong Kong, you requested a tariff classification ruling.

A sample was provided with your letter. The line tightener is composed entirely of molded plastic and is packed five to a retail package. The line tightener is meant for use by landscapers, gardeners, farmers and homeowners to tighten clotheslines or polytape and wire fencing.

The applicable subheading for the line tighteners will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You have also inquired about the country of origin marking requirements. The retail package is marked “Made in China” just below the U.S. address of the importer, in letters the same size as that of the U.S. address.

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. 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 proposed marking of the imported line tighteners, as described above, satisfies 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 line tighteners.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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