CLA-2-42:S:N:N6:341 805225
Mr. Edward J. Murray
Paris Presents, Inc.
3800 Swanson Court
Gurnee, IL 60031
RE: The tariff classification and marking of a cosmetic bag from
China.
Dear Mr. Murray:
In your letter dated December 8, 1994, you requested a
tariff classification ruling addressing the acceptability of the
country of origin marking as it relates to the sample submitted.
The sample submitted, item 5112, is a cosmetic bag composed
of clear pvc designed to contain bath and beauty products. It
measures approximately 7 1/2 inches in width by 4 1/2 inched in
height. The top is secured by means of a textile zippered
closure. Inside the top center of the bag is a sewn in fabric
label which clearly states "Made in China". At one end of the
zippered closure is an affixed paper label that can be easily
removed which reads "Mon Image by Paris Presents Cosmetic Bag" on
the front and the "Registered Trademark of Paris Presents and
Made in China" on the back in very small print.
The applicable subheading for Item 5112, the cosmetic bag of
clear pvc, will be 4202.92.4500, Harmonized Tariff Schedule of
the United States (HTS), which provides for travel, sports and
similar bags, with outer surface of sheeting of plastic, other.
The rate of duty will be 20 percent ad valorem.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that, unless excepted, every article of a foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article 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 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.
We agree that the submitted sample country of origin marking
as described with the sewn-in fabric label is acceptable and
within compliance with (19 U.S.C. 1304) and (19 CFR Part 134).
However, it is the opinion of this office that the country of
origin marking on the affixed paper label is not as legible or as
permanent as the nature of the article will permit.
This ruling is being issued under the provisions of Section 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport