CLA-2-39:RR:NC:SP:221 D85683
Mr. Rod Senior
Cardsafe Inc.
11190 Bent Pine Drive
Fort Myers, Florida 33913
RE: The tariff classification of plastic cardholders from
Germany.
Dear Mr. Senior:
In your letter dated December 8, 1998, you requested a
tariff classification and marking ruling.
A sample was provided with your letter. The cardholders are
composed of clear molded plastics, and are designed to hold and
protect credit and bank cards. The cardholders are typically
sold to banks, which can then provide them free of charge to
their customers. The cardholders are also sold to truck fleets
to hold the drivers' vehicle fuel cards. The cards are shipped
400 to a box. The sample card you provided is not marked with
the country of origin. You ask if marking the box will satisfy
the country of origin marking requirements.
The applicable subheading for the cardholders will be
3926.90.9880, Harmonized Tariff Schedule of the United States
(HTS), which provides for other articles of plastics, other. The
rate of duty will be 5.3 percent ad valorem. The rate of duty
will remain unchanged in 1999.
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. In this instance, the ultimate purchaser
is the bank customer who receives the cardholder. Therefore, the
cardholders must be individually marked with the country of
origin.
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 212-466-5580.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division