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NY N020575




December 28, 2007

CLA-2-39:OT:RR:NC:SP:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Mr. Frank Totino
Henry Schein Inc.
135 Duryea Road
Melville, NY 11747

RE: The tariff classification of self-sealing plastic pouches from Israel.

Dear Mr. Totino:

In your letter dated December 3, 2007, you requested a tariff classification ruling.

A sample was provided with your letter. The self-sealing pouches are composed of polyamide (nylon) plastic. They will be imported in three sizes: 2” by 9 ½”, 3” by 10” and 4” by 10.” The pouches are used for sterilizing medical, dental and veterinary instruments. Instructions for use are printed on the pouch. The user inserts an instrument into the open end, folds over the flap and seals the flap to the pouch with the attached self-adhesive plastic strip. The instrument is then placed inside a steam or dry heat sterilization unit. The instrument is sterilized inside the pouch and kept in the pouch until its next use. The pouches will be imported both with and without an ink indicator, which allows the user to know when the sterilization process is complete.

You suggest classification in heading 3923, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics. However, this provision is limited to articles designed for the packaging and transport of bulk or commercial goods. The pouches that are the subject of your request are not used for packaging and transporting the instruments that will be placed inside. They are sold empty to medical, dental and veterinary offices and laboratories and are printed with instructions for use in those settings. The pouches are designed not for the conveyance and packing of bulk or commercial goods but for use in sterilization units, and are thus not described by heading 3923.

The applicable subheading for the plastic sterilization pouches will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The general rate of duty will be 5.3 percent ad valorem.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

The sample pouch submitted with your request is printed with the words “Distributed by Henry Schein Inc. Melville, NY 11747 USA,” followed by “Henry Schein U.K Holdings Ltd. Southall, Middlesex, UB2 4AU England.” The country of origin, Israel, is not printed anywhere on the pouch.

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.

The marking on the sample pouch, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported pouches. The pouches must be marked to show Made in Israel, or Product of Israel, or words of similar meaning, in close proximity to and in comparable size lettering to the USA and UK addresses .
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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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