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NY J88028




August 28, 2003

CLA-2-42:RR:NC:3:341 J88028

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.2025

Mr. Bill Brady
OIA Global Logistics
8338 NE Alderwood Rd.
Suite 200
Portland, OR 97220

RE: The tariff classification of “The Stuff Tub” from China

Dear Mr. Brady:

In your letters dated August 4, 2003 and July 7,2003 you requested a tariff classification and country of origin marking ruling. The request is on behalf of Mr. Patrick Sullivan of West Lynn, Oregon.

You have submitted a sample of an item identified as “The Stuff Tub”. A sewn -on fabric label on the front of the sample indicates that the firm Kiwanda Products, LLC, of West Linn, Oregon, is the seller. It is a trunk like article manufactured of a molded plastic bottom half and a top half of man-made fiber textile materials. The top has a drawstring closure that serves as a carrying strap. You have indicated that other designs may include handles and a non-skid bottom. It is designed to provide storage, protection, storage and portability for personal effects such as boots, shoes, gloves, parkas, rain gear and other articles such as sports accessories. The sample is being be returned as requested.

In your letter of July 7, 2003, you suggested classification within heading 3926, Harmonized Tariff System of the United States (HTSUS). Classification within heading 3926 is subject to Chapter Note 2(ij) wherein containers of heading 4202 are excluded from classification. The item is of a kind similar to the trunks and other containers of the first half of heading 4202, HTSUSA and is therefore not classifiable within heading 3923.

The applicable subheading for the “The Stuff Tub” will be 4202.12.2025, HTSUS, which provides, in part, for trunks and similar containers, other. The rate of duty will be 20 percent ad valorem.

You have indicated that the importer will import the goods in bulk and repackage each item in its individual retail packing subsequent to importation. Each retail carton will be permanently, conspicuously and legibly marked, “Made in China”. The importer will comply with 19 CFR 134.26 at the time of importation.

The above marking of the retail carton will be acceptable provided the mark, “Made in China” is conspicuous, legible and permanent . In addition, the carton must be sealed so that the goods cannot be removed for examination at the time of retail sale. If not so packaged, each article must be marked with the country of origin at the time of import

Please note, 19 CFR 134.46 specifies, in part, that in any case wherein any City or location in the United States, other than the name of the origin, appear on an imported article or its container, the actual country of origin must be shown in close proximity and in comparable size.

If imported bearing the front sewn-on label as presented, each article must be conspicuously and legibly marked indicating the English name of country of origin and in comparable print as the words “West Linn, Oregon”.

If the retail carton similarly reflects the domestic location, the carton must also comply with 19 CFR 134.46.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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