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NY N025889




April 17, 2008

CLA-2-42:OT:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 4205.00.8000; 7326.90.8587

Ms. Karen Hartman
RedKat Sourcing Inc.
4054 Carmel Brooks Way
San Diego, CA 92130

RE: The tariff classification of bondage gear from China

Dear Ms. Hartman:

In your letter dated April 1, 2008, you requested a tariff classification ruling.

You provided illustrative material and six samples of coated leather. Sample PN0001 consists of two wrist restraints. The wrist restraints are leather cuffs that attach to the wrist by passing the metal staple plate through one of the die cut sizing holes. The keeper strap is then passed through the staple plate. The cuff is made from a 3 mm thick single piece of die cut split leather and coated with .01 mm polyurethane.

Sample PN0002 consists of two ankle restraints. The ankle restraints are leather cuffs that attach to the wrist by passing the metal staple plate through one of the die cut sizing holes. The keeper strap is then passed through the staple plate. The cuff is made from a 3 mm thick single piece of die cut split leather and coated with .01 mm polyurethane.

Sample PN0003 is a leather blindfold. The blindfold is composed of 3 mm thick split leather coated with .01 mm polyurethane. The blindfold is secured around the head with a 14 inch piece of elastic. The elastic is sewn into the blindfold on both sides.

Sample PN0004 is a cross restraint. The cross restraint is also commonly referred to as a “hog tie”. The cross restraint is made from four leather straps attached to a center o-ring. At the end of each strap is a trigger snap clip. The purpose of the cross restraint is to be used to connect to the wrist and ankle restraints.

Sample PN0005 is a neck restraint. The neck restraint is a leather cuff that is made from a single piece of die cut split leather. The cuff attaches to the neck by passing the metal staple plate through one of the die cut sizing holes. The keeper strap is then passed through the staple plate. The cuff is made from a 3 mm thick single piece of die cut split leather and coated with .01 mm polyurethane.

Sample PN0006 is a leather leash. The leash has a trigger snap at one end and a loop at the other end for the hand to pass thru. The leash is made from a single strip of die cut leather.

The intended use of the samples listed above is to provide a restraint mechanism for consensual adult activity. These items are commonly referred to as bondage gear.

The applicable subheading for PN0001, PN0002, PN0003, PN0005, PN0006 will be 4205.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of leather or of composition leather, other, other, other. The rate of duty will be Free.

The applicable subheading for PN0004 will be 7326.90.8587, HTSUS, which provides for other articles of iron and steel, other. The rate of duty will be 2.9 percent.

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/.

In your request, you provided U.S. Customs and Border Protection with the final packaging for our review. You state the above items will enter the U.S. in polybags. After entry, the items will be removed from the polybags and be re-packaged in plastic cylinders. The cylinders will also include a paper insert that will provide retail display literature and state “Made in China”.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the bondage gear is the consumer who purchases the item at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if the bondage gear is sold at retail in sealed polybags that are marked to indicate the country of origin then the marking on the bags is acceptable country of origin marking provided that the marking is permanent, legible and conspicuous, and the port director is satisfied that the items will remain in the marked bags until they reach the ultimate purchaser.

However, if, as this office believes, the bondage gear will be repackaged after importation, then the question of whether the subject articles may be excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized at the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the port director is satisfied that the imported bondage gear will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case individual marking of the imported bondage gear will not be required.

 You also requested information as to whether or not the samples require an RN number and need to state “genuine leather”. Please note that separate Federal Trade Commission marking requirements exist regarding marking on leather items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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