CLA-2-40:S:N:N3G:221 870032
Ms. Sherri Romer
Jason Mills, Inc.
220 Kinderkamack Road
Westwood, NJ 07675-3601
RE: The tariff classification of rubber ties from Hong Kong.
Dear Ms. Romer:
In your letter dated December 18, 1991, you requested a tariff
classification ruling.
The rubber ties are used to close laundry bags. The tie is
approximately 5 1/2 inches in length. There is a hole at one end of
the tie through which the other end can be passed after it is wrapped
around the bag. In this way, the bag is closed. The tie is meant for
prolonged use.
The applicable subheading for the ties, if composed of natural
rubber, will be 4016.99.2500, Harmonized Tariff Schedule of the United
States (HTS), which provides for other articles of vulcanized rubber
other than hard rubber, other, of natural rubber. The rate of duty
will be 4.2 percent ad valorem.
The applicable subheading for the ties, if composed of synthetic
rubber, will be 4016.99.5050, HTS, which provides for other articles of
vulcanized rubber, other. The rate of duty will be 5.3 percent ad
valorem.
You have asked about country of origin marking requirements.
Unless excepted by law, Section 134.11 of the Customs Regulations
requires that every article of foreign origin imported into the United
States be marked with the country of origin in a conspicuous place as
legibly, indelibly and permanently as the nature of the article
permits. The sample is marked "Westwood, NJ, Made in Hong Kong" by
means of raised lettering. Section 134.46 of the Customs Regulations
states:
In any case in which the words "U.S.," or "American,"
the letters "U.S.A.," any variation of such words or letters,
or the name of any city or locality in the U.S., or the name
of any foreign country or locality other than the country or
locality in which the article was manufactured or produced,
appear on an imported article or its container, there shall
appear, legibly and 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.
The marking on the sample tie meets the country of origin marking
requirements.
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