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NY K88995




September 15, 2004
CLA-2:RR:NC:TA:341 K88995

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Anne Sarkar
BMW of North America, LLC
P.O. Box 1227
Westwood, NJ 07677-7731

RE: The tariff classification of a document case from China

Dear Ms. Sarkar:

In your letter dated September 1, 2004 you requested a classification and country of origin marking ruling.

The submitted sample is identified as part number 01 40 0 031 560, “Logbook Case”. It measures approximately 9” x 7” x 1½” and has a flap with magnetic closure. The exterior surface is wholly of a man-made fiber textile material. The case is designed and used to contain an automobile owner’s manual and other personal papers and documents. It is of a kind normally provided a consumer upon purchase of a vehicle. The case is packaged in a disposable, unsealed poly-bag. The poly-bag is closed by means of tape. However, the bag is not considered sealed and it will be removed from the poly-bag prior to being given to the ultimate purchaser. The poly-bag has an adhesive label printed with the bar code, part number, “BMW” and “Made in China”. The sample will be returned as requested.

The applicable subheading for the document case, P/N:01 40 0 031 560 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers and cases, other, other, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Goods classified in HTS 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

The marking statute, 304 of the 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 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.

The purpose of this provision is to permit the "ultimate purchaser" in the U.S. to choose between domestic and foreign- made products, or between the products of different foreign countries. The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. In this instant, the ultimate purchaser is the retail purchaser. The adhesive label on the exterior of the poly-bag will not satisfy the marking requirements.

Therefore the document case should be legibly marked with the country of origin as permanently and conspicuously as the article will permit. It is recommended that the mark read, “Case made in China.”

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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