CLA-2-56:OT:RR:NC:N3:351
Ms. Edith Tolchin
EGT Global Trading
P.O. box 5660
Hillsborough, NJ 08844
RE: The tariff classification and marking of a garage door kennel net from China
Dear Ms. Tolchin:
In your letter dated May 20, 2016 you requested a tariff classification ruling, on behalf of your client, Ramah, Inc.
You submitted a representative sample section of a product you call K9 garage Door Kennel Net™. The kennel net is made of braided nylon cordage knotted at each interstice to create an open net; this construction is considered knotted netting for tariff purposes. Woven nylon cam straps and large metal snap hook fasteners are sewn onto the net and will attach the net to the header and the sides of the garage door frame. The bottom of the net is weighted and can be secured to the ground with a wide hook and loop strip that is also sewn onto the net. The net is sized to fit a one-car garage door opening with a measurement of 6' H x 10', 4" W and two-car garage door openings with a measurement of 6' H x 16', 4"W. The net is designed to secure the dog allowing them more access to the outdoor environment, without the dangers roaming free can pose.
The applicable subheading for the K9 Garage Door Kennel Net™ will be 5608.19.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Knotted netting of twine, cordage, or rope;…other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other. The rate of duty will be 5% ad valorem.
Sample will be returned as requested.
You have also requested information about proper marking. The sample you provided is not marked with the country of origin, however your letter indicated that the anticipated country of origin for manufacture of the K9 Garage Door Kennel Net™ will be China.
Part 134, Customs Regulation (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)), mandated 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.
Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on man textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).
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 https://hts.usitc.gov/current.
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 Adleasia Lonesome at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division