CLA-2-95:OT:RR:NC:N4:424

Kelly Alm
Majestic Trinity Foundation
520 West 7th Avenue - 407
Vancouver, British Columbia
Canada, V5Z 1B3

RE: The tariff classification, country of origin, and marking, of religious themed playing cards from Canada

Dear Ms. Alm:

In your letter dated January 14, 2026, you requested a binding ruling on the tariff classification, country of origin, and marking, of religious themed playing cards imported from Canada.

A sample of the Majestic Trinity Card Set, item number MTICS2025 Legacy Blue Back, was received with your inquiry.

The subject merchandise is a religious themed deck of 73 standard size playing cards. The cards are printed with various scripture texts and are used in playing card games including solitaire. Game instructions are included in the retail packaging, and the consumer is encouraged to create their own games. The cards are intended to educate the player with Christian scripture.

Classification:

In your letter, you suggest that the playing cards are classifiable under subheading 9810.00.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the duty-free entry of articles (including letters, numbers, other symbols, and printed matter) imported for the use of any public library or any other public or nonprofit institution established for educational purposes. Such articles must be exclusively for the use of the institution involved, and not for distribution, sale or other commercial use within five years after being entered. To be eligible for this provision, the articles must be designed for a specific course of study involving classroom instruction of children. They must also be imported by or upon the order of the nonprofit institution. (This may be certified at time of entry by a letter from the organization.) You state that the playing cards will be sold on eBay and other online sites directly to consumers. The mere expectation of a possible future sale to a nonprofit institution would not qualify a shipment for free entry under this provision.

The applicable subheading for the Majestic Trinity Card Set card game will be 9504.40.0000, HTSUS, which provides for "Video game consoles and machines, articles for arcade, table or parlor games…parts and accessories thereof: Playing Cards." The rate of duty will be Free.

Country of Origin and Marking:

The manufacturing processes used to produce the Majestic Trinity Card Set are as follows:

Paper card stock is manufactured in the United States and imported into Canada in rolls.

In Canada, the card stock rolls are printed on both sides, die cut into playing cards, and packaged for retail sale.

The completed card decks are imported into the United States.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, 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 its 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. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).

Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations. Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in sections 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining the country of origin of a good for marking purposes, with the exception of textile and apparel goods which are subject to the provisions of 19 CFR 102.21. See 19 CFR 102.11.

Applied in sequential order, 19 CFR 102.11(a) provides that the country of origin of a good is the country in which:

(1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Part 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied.

“Domestic material” is defined in 19 C.F.R. § 102.1(d) as “a material whose country of origin as determined under these rules is the same country as the country in which the good is produced.” “Foreign material” is defined in 19 C.F.R. § 102.1(e) as “a material whose country of origin as determined under these rules is not the same country as the country in which the good is produced.” Here, 102.11(a)(1) and 102.11(a)(2) do not apply because the product will neither be wholly obtained or produced nor produced exclusively from “domestic” (Canadian, in this case) materials. Accordingly, pursuant to 102.11(a)(3), the non-Canadian material must meet the applicable change in tariff classification set out in Section 102.20 in order for the product to qualify to be marked as a product of Canada.

As set out in 19 CFR 102.20, the rule of origin applicable to goods classified in heading 9504, HTSUS requires:

A change to heading 9504.20 through 9506.29 from any other subheading, including another subheading within that group.

Since the foreign material used to produce the cards (namely, the paper card stock) is classified outside the tariff range of 9504.20 through 9506.29, the Majestic Trinity Card Set will undergo the requisite tariff shift cited above. Therefore, the country of origin of the playing cards for marking purposes will be Canada.

As the country of origin for this product is Canada, it must be marked “Made in Canada” in accordance with the applicable statute and regulations.

Trade Remedies:

When determining the country of origin for purposes of applying current trade remedies under Section 301 and other duties, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).

In regard to the Majestic Trinity Card Set, we find that a substantial transformation occurs in Canada.

It is therefore the opinion of this office that the country of origin of the Majestic Trinity Card Set is Canada for Section 301 and other duties.

The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.

This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs.

For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Irene Tsiavos at [email protected].
Sincerely,

(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division