CLA-2-67:RR:NC:3:353 M84032

Mr. Sasha Yang
Packaging-Matrix International, Inc.
1860 Osprey Bluff Blvd
Orange Park, FL 32003

RE: The tariff classification of hair swatches from China; country of origin marking.

Dear Mr. Yang:

In your letter dated May 30, 2006 you requested a tariff classification ruling.

The merchandise is described in your letter as Hair Color Swatches of human hair. Each swatch consists of a four-color printed holder made from bleached card stock that will be cut in 5 locations for a sample twist of colored human hair on a 10cm long hanging cord. This is packed in a bleached board tray and approximately 20 trays are packed in a corrugated shipping box. Each shipping box will be marked “Made in China,” the individual swatches will not be marked. The swatches will be used as color sample displays for a retail sale display of hair treatment products. The displays will not be sold or given away.

The applicable subheading for the Hair Color Swatches will be 6704.20.0000, Harmonized Tariff Schedule of the United States (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 World Wide Web at

You ask if the marking of the swatches, as described above, is proper.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The imported articles will be neither sold nor given away. The importer will use them as samples to be shown to prospective customers to solicit orders. The importer is the ultimate purchaser of the hair color swatches.

The importer will receive the items in their original unopened cartons that are marked to indicate the country of origin. Section 134.32 (d), Customs Regulations, excepts from marking “ Articles for which the marking of containers will reasonably indicate the origin of the articles.”

The articles are imported for the use of the importer and not intended for sale. Section 134.32 (f) excepts from marking “Articles imported for use by the importer and not intended for sale in their imported or any other form.”

Based on the information provided and the fact that the importer will receive original unopened cartons marked to indicate the country of origin, the imported samples are excepted from individual marking.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski
National Commodity
Specialist Division