CLA-2-82:RR:NC:1:118 G87298
Mr. Laurence E. Cray
CJ International, Inc.
P.O. Box 75333
Cincinnati, OH 45275
RE: The tariff classification and country of origin marking requirements of a cookie baking set from China.
Dear Mr. Cray:
In your letter dated February 13, 2001, submitted on behalf of your client, Mr. Ken Winnegrad, you requested a tariff classification ruling. Your submitted sample will be returned to you as requested.
You have described your sample as a cookie baking set consisting of a tinned steel cookie cutter and a polyester/cotton or 100% cotton gingham bag. The 100% cotton gingham bag, which is part of this submission, is a stuff bag. It measures 10” in height and 3½” in diameter. A package of domestic dough mix will be placed in the bag after importation. The cutter and bag will either be shipped in the same polyester bag or the cutter will be packed in the cloth bag for shipment.
The applicable subheading for the cookie cutter will be 8205.51.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for household tools and parts thereof: of iron or steel: other: kitchen and table implements. The duty rate will be 3.7 % ad valorem.
The applicable subheading for the 100% cotton gingham bag will be 4202.92.1500, HTS, which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sport bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly covered with such materials or with paper: other: with outer surface of sheeting of plastic or textile materials: travel, sports and similar bags: with outer surface of textile materials: of vegetable fibers and not of pile or tufted construction: of cotton. The duty rate will be 6.6% ad valorem. As a product of China, it is subject to quota and visa restrictions of category 369.
Your inquiry does not provide enough information for us to give a classification ruling on the polyester/cotton bag. Your request for a classification ruling should include the fiber content percentage by weight of the bag. The chief weight would govern its classification.
Your query also requests a country of origin marking ruling on the cookie cutter and bag. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.
You inquire as to whether or not stick-on labels printed with “made in China” would satisfy the country of origin marking requirements. Section 134.44 (b), Customs Regulations (19 CFR 134.44 (b)), addresses the marking requirements for paper stickers. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. Stick on labels may be used in some instances (such as on the cookie cutter), but this is not a recommended form. Often labels become loose due to weather, unsatisfactory adhesive, or other conditions. If this happens, the importer may be subject to the expense of remarking the merchandise. A stick on label for the bag would not be acceptable. A sewn in fabric label located near the top of the bag, which is the norm for the industry, marked made in China is required.
You indicate there is an intent to repack the imported merchandise. If an article is intended to be repacked in new containers for sale to an ultimate purchaser after its release from Customs custody, the importer must certify that if he does the repacking, he shall not obscure or conceal the country of origin marking, or that the new container will be properly marked. If the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer must certify that he will notify the subsequent purchaser or repacker (in writing) of the marking requirements. Failure to comply with the certification requirements may subject the importer to additional duty and penalties. The regulations concerning country of origin marking can be found in Part 134 of the Customs Regulations.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 Kathy Campanelli at 212-637-7025.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division