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NY K88372




August 5, 2004

CLA-2-63:RR:NC:N3:351 K88372

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Brian Page
Creative Pocket Solutions
1400 Moccasin Trail, Suite 21
Lewisville, TX 75077

RE: The tariff classification of a locker pocket organizer from China

Dear Mr. Page:

This letter replaces the ruling letter we sent to you under file number K88097. The purpose of this replacement letter is to answer your question regarding marking. A corrected letter follows.

In your letter dated July 21, 2004, you requested a tariff classification ruling.

The submitted sample, identified as the “Locker Boss,” is an organizational tool that is constructed with an exterior surface of 600 denier fabric and paperboard inserts to maintain its shape. It measures approximately 30”W x 12”H and folds out into three sections. The item features four mesh pockets, three woven pockets, and pen slots that, you indicate, can accommodate a variety of personal products. It contains eight magnets, each approximately the size of a quarter, sewn inside the fabric in order to suspend the organizer from the inside of a metal locker.

The applicable subheading for the locker pocket organizer will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

Your letter also asks about the country of origin marking required on this item. 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.

You state that the country of origin label may be affixed to one of the pockets so as not to be visible when packaged. Please be advised that country of origin marking requirements will be met provided the packaging in which the item is imported is marked at the time of importation, and packaging in which the items will be sold at retail will be marked so that the final purchaser may know the country of origin of the item in the package.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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