CLA-2-39:RR:NC:SP:221 D84881
Mr. Eric Johnson
Fritz Companies/Tulsa
5445 N. Bird Creek Avenue
Catoosa, OK 74015
RE: The tariff classification of plastic curtain tie backs and
finials from South Africa.
Dear Mr. Johnson:
In your undated letter, received in this office on November
20, 1998, on behalf of Universal Convertors & Importers, Inc.,
you requested a tariff classification ruling.
The samples provided with your letter are described as
"hold-backs" and finials. The products are composed of a plastic
resin with chalk filler, molded in various decorative shapes.
The hold-backs, or curtain tie-backs, incorporate one to three
brass nuts in the back. They will be sold with metal stud-like
fastening devices which are designed to be mounted to the wall by
means of screws. The fastening devices incorporate a long stem
with a threaded head. The threaded head screws into the brass
nut in the hold-back. The stem acts as a spacer to keep the
hold-back away from the wall, allowing the curtains to be draped
behind the hold-back and thus held away from the door or window
opening. The finial is a multi-purpose article which may be used
as a tie-back, hook or decorative end piece. Embedded in the
finial is a metal wood screw by which it can be permanently
affixed to a wall or screwed into a curtain rod.
The applicable subheading for the hold-backs and finials
will be 3925.90.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for builders' ware of plastics, not
elsewhere specified or included . . . other. The rate of duty
will be 5.3 percent ad valorem.
You have stated that the hold-backs will be sold in a box
including the hold-back and its corresponding stud-type mounting
hardware. You state that the product will reach the ultimate
consumer in this box, which will be marked with the country of
origin. A sample marked box was not included with your request.
The finials are imported individually marked with paperboard hang
tags which are imprinted with the legend, "Made in R.S.A."
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. As provided in section 134.41(b), Customs
Regulations {19 CFR 134.41(b)}, the country of origin marking is
considered to be conspicuous if the ultimate purchaser in the
U.S. is 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. In this case, the
ultimate purchaser is the consumer who purchases the hold-backs
and finials at retail.
You propose marking the goods with the legend "Made in
R.S.A." You stated in a phone conversation that there is
insufficient room for the words "Made in the Republic of South
Africa." The abbreviation "R.S.A." is not an acceptable
abbreviation for the Republic of South Africa. However, it is
not necessary to include the words "Made in" when there is no
reference to a location other than the country of origin. The
tags may be marked either "South Africa" or "So. Africa."
Section 134.44(c), Customs Regulations {19 CFR 134.44(c)},
states that if articles are marked with tags, the tag must be
attached in a conspicuous place and in a manner which assures
that, unless deliberately removed, it will remain on the article
until it reaches the ultimate purchaser. The hang tag on the
sample finial is attached by means of a plastic locking strip.
This type of marking will satisfy the country of origin marking
requirements of 19 U.S.C. 1304.
An article is excepted from marking under 19 U.S.C. 1304
(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR
134.32(d)), if the marking of a container of such article will
reasonably indicate the origin of such article. Accordingly, if
Customs is satisfied that the article will remain in its
container until it reaches the ultimate purchaser and if the
ultimate purchaser can tell the country of origin by viewing the
container in which it is packaged, the individual articles would
be excepted from marking under this provision.
Hold-backs which are imported in containers that are
permanently, conspicuously and legibly marked with the country of
origin are excepted from marking under 19 U.S.C. 1304 (a)(3)(D)
and 19 CFR 134.32(d). Accordingly, marking the container in
which the hold-back is imported and sold to the ultimate
purchaser in lieu of marking the hold-back itself is an
acceptable country of origin marking provided the port director
is satisfied that the hold-back will remain in the marked
container until it reaches the ultimate purchaser.
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