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NY J80329




February 20, 2003

CLA-2-39:RR:NC:SP:221 J80329

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Dana L. Bounds
UPS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of kneeling pads from China.

Dear Ms. Bounds:

In your letter dated January 17, 2003, on behalf of Midwest Quality Glove, Inc., you requested a tariff classification ruling.

You provided four samples with your letter. The kneeling pads (Styles 37KBF, 37K, 37KS and 37KHF) are composed of foamed ethylene vinyl acetate (EVA) plastics. These kneeling pads will be marketed for use in gardening. As you requested, the samples are being returned.

The applicable subheading for the kneeling pads will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of plastics, other, other. The rate of duty will be 3.4 percent ad valorem.

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.

The sample is not legally marked. Though the product is marked “Made in China” in close proximity to the name and address of the domestic seller, the product is also marked “Manufactured by Midwest Quality Gloves, Chillicothe, MO.” This is misleading. Such a statement must be eliminated or corrected. You may replace “Manufactured” with “Distributed.”

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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