CLA-2-94:OT:RR:NC:N4:463
Sonia Rodriguez Arrarte
Dikar S. Coop.
Ugarte 26
Vergara 20570
Spain
RE: The tariff classification and marking of a sleeping bag from China.
Dear Ms. Rodriguez Arrarte:
In your letter dated July 9, 2019, you requested a tariff classification and marking requirements ruling. Illustrative literature, a product description, and a marking illustration were provided for review.
The submitted sample is identified as the “MISTI 180 sleeping bag.” The sleeping bag is constructed 100% nylon ripstop 210T outer shell, 100% polyester pongee 300T cired lining, and filled with two layers of 100% polyester microfiber 90gr/m². The sleeping bag is equipped with a pillow pocket that can be stuffed with clothing to create a cushioning pillow. It measures 210cm x 80cm x 50cm and is packaged in a compression carry bag.
The applicable subheading for the “MISTI 180 sleeping bag” will be 9404.30.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sleeping bags: Other. The rate of duty will be 9% 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 https://hts.usitc.gov/current.
In your letter, you further requested a marking determination.
Part 134 of the Code of Federal Regulations (CFR), implements the country of origin marking requirements of 19 United States Code (USC) 1304. Unless excepted by law, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.
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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.
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.
Your proposed marking label “Made in China” is acceptable in accordance with Part 134 of the Code of Federal Regulations (CFR).
It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Ave., Washington, DC 20580, as to whether the proposed marking satisfies such requirements.
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 Seth Mazze at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division