The tariff classification and marking requirements for a carbon fiber cloth bandanna from China. Dear Mr. Harges:

NY F87636 June 23, 2000 CLA-2-68:RR:NC:2:237 F87636 CATEGORY: Classification TARIFF NO: 6815.10.0000 Mr. Cordell Harges Hot Shield USA 14962 Bear Valley Road Victorville, California 92392 RE: The tariff classification and marking requirements for a carbon fiber cloth bandanna from China. Dear Mr. Harges: In your letter of May 25, 2000 you requested a tariff classification ruling and country of origin marking requirements for a carbon fiber cloth bandanna made of 100% activated carbon fibers. The sample consists of a 22 inch square of knit fabric, folded in two and sewn to form a triangle shaped bandanna, with velcro fasteners and metal nose clip. It is designed for use by forest fire fighters to provide minimal protection against facial burn injuries. It is packaged for retail sale in a clear zip-lock plastic bag with printed paper insert. The applicable subheading for the carbon fiber bandanna will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonelectrical articles of graphite and other carbon. The rate of duty is free. You indicate that the materials for the bandanna will be purchased and constructed in China. We note that a paper label, measuring 1-1/2 by 2-1/2 inches and sewn to the bandanna, is marked "THE ULTIMATE BANDANNATM Designed by the Firefighters at HOT SHIELD USA”. Also, a picture, measuring 2 by 3-1/2 inches and identical to the label, appears on the printed paper insert, along with the U.S. address of Hot Shield USA in Victorville CA. 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. Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. We are returning your request for a classification ruling on the BLAZER goggle strap because of non-conformity with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). Additional information is required. Please provide a sample of the goggles that the strap will attach to. When this information is available, you may wish to consider resubmission of your request. 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 NIS Frank Cantone at 212-637-7018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division