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NY I85281




August 22, 2002

CLA-2-39:RR:NC:SP:221 I85281

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060

Mr. David Thompson
GHY USA Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of plastic labels from Canada.

Dear Mr. Thompson:

In your letter dated August 14, 2002, on behalf of Sunset Screen Graphics, you requested a tariff classification ruling.

Four sample labels were provided with your letter. The label on which the words “Enter Code” are printed is a self-adhesive plastic label. The “Polaris” and “500 Classic” are also plastic self-adhesive labels. These two labels will be packaged together. The 500 Classic label is made in the United States. As you requested, these samples are being returned.

The applicable subheading for the Enter Code label and the Polaris self-adhesive label, whether or not packaged with labels made in the United States, will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: other, other. The general rate of duty will be 5.8 percent ad valorem.

Your letter also contained a plastic label with various symbols against a red and black background. This label is not self-adhesive. Before we can issue a ruling for this label, we need to know how and where it is used. In addition, explain how the label is manufactured. This sample will be held on file in this office for 90 days from the date of this letter.

You also inquired about the country of origin marking requirement for the Polaris and 500 Classic labels. 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.

Packaging the Polaris and 500 Classic labels together does not change the country of origin. The 500 Classic labels are made in the United States, and are not articles of foreign origin. Therefore, the Classic 500 labels do not have to be marked with the country of origin. The Polaris labels or the packages in which they are sold must be marked in such a way that indicates the country of origin to the ultimate purchaser.

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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