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NY N006181




February 22, 2007

CLA-2-67:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6704.19.0000, 6704.20.0000

Mr. Charles Rosales
RS International, Inc.
Customhouse Brokers
701 W. Manchester Blvd. Suite 233
Inglewood, CA 90301

RE: The tariff classification of hair extensions from China

Dear Mr. Rosales:

In your letter dated January 22, 2007, on behalf of your client, Jon Renau Inc., you requested a tariff classification ruling.

Your submitted samples, Silka Braid Synthetic Fiber (SB-27), Pony Weft Short Synthetic 22 (PWS-22) and Yaky Human Hair (YHH10-33) are packages of assorted hair extensions. Styles SB-27 and PWS-22 are made of man-made fiber. Style YHH10-33 is made of human hair. The samples submitted will be returned to you as requested.

The applicable subheading for styles SB-27 and PWS-22 will be 6704.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wigs, false beards, eyebrows and eyelashes, switches and the like, of human hair or animal hair or of textile materials; articles of human hair not elsewhere specified or included: of synthetic textile materials: other. The rate of duty will be Free.

The applicable subheading for style YHH10-33 will be 6704.20.0000, HTSUS, which provides for wigs, false beards, eyebrows and eyelashes, switches and the like, of human or animal hair or of textile materials; articles of human hair not elsewhere specified or included: of human hair. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

It should also be noted that there is no country of origin marking on the samples that you have submitted. Your client indicates in the letter addressed to U.S. Customs that the country of origin is China. However, the package is not marked “Made in China” but instead marked with the website “www.frika.co.za” and the word “Cape Town”. The package may mislead the ultimate purchaser to believe that the merchandise is made in either Cape Town or South Africa. Your client should be aware that all goods imported to the United States are subject to country of origin marking unless specifically exempted.

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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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