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NY J82593




April 17, 2003

CLA-2-63:RR:NC:N3:351 J82593

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Peter D. Alderdi
A.J. Arango, Inc.
1516 E. 8th Ave.
Tampa, FL 33605

RE: The tariff classification of an unfinished tool case of textiles, from Taiwan.

Dear Mr. Alderdi:

In your letter dated April 4, 2003, you requested a ruling on behalf of Agora Sales Co., of St. Petersburg, FL on tariff classification.

You submitted two samples. One is a tool case of textile fabric, shaped like an attaché case. This is the finished product. However, what is being imported is the second sample, the outer portion of the case. It, too, is shaped like an attaché case. The outer surface is woven nylon fabric sewn to cardboard liners. The bottom is lined with a thin piece of plywood. There are pockets on the outside and two carry handles. You state that the finishing work will be done in this country. Prior to that finishing work, this cannot be classified as a finished bag.

The applicable subheading for this product will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

You also ask how the unfinished article must be marked upon importation.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. In this case, the ultimate purchaser of the unfinished case is the company that will further manufacture it.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the unfinished case by viewing the container in which it is packaged, the individual product would be excepted from marking under this provision.

However, you have not given us enough information to determine the country of origin, and hence the correct country of origin marking, for the completed tool case. For that we will need to know the origin of all of the other components as well. We note that the finished tool bag is labeled “Made in U.S.A.”

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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