CLA-2-62:OT:RR:NC:TA:353
Mr. Ed Kiessel
Central Lake Armor Express, Inc.
P.O. Box 516
Central Lake, MI 49622
RE: The tariff classification of ballistic carrier parts from various countries
Dear Ms. Kiessel:
In your letter dated January 11, 2011, you requested a tariff classification ruling. The samples will be returned to you.
Models Evolution and Equinox Nav are ballistic carrier parts consisting of front and back panels. Evolution is constructed of 100% nylon woven fabric. Equinox Nav is constructed of polyester and cotton blended woven fabric. The ballistic carrier parts will be imported without means to attach the front and back panels and without ballistic panels. The items feature pockets into which ballistic panels will be placed.
The applicable subheading for the Evolution and Equinox Nav ballistic carrier parts will be 6217.90.9085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Parts: Other: Other: Of man-made fibers." The rate of duty will be 14.6 percent ad valorem.
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 a telephone conversation, you requested information on the country of origin marking of the front and back panels of the ballistic carrier parts. These parts will be manufactured in various countries.
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.
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 the National Import Specialist at (646) 733-3053.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division