THE CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF BELTS

NY H85907 December 7, 2001 MAR-2 RR:NC:3:353 H85907 CATEGORY: MARKING Ms. Christina Kopitopoulos Leibert L. Greenberg 475 Park Avenue South Suite 2500 New York, NY 10016 RE: THE CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF BELTS Dear Ms. Kopitopoulos: In your letter dated November 2, 2001, received in this office on December 2, 2001, you requested a tariff classification and country of origin marking ruling for leather belts from China that will be imported into the United States. Samples of the belts were furnished, but were destroyed. You notified this office that a separate request regarding trademarks has been addressed to the Office of Rulings and regulations at Customs Headquarters. Your letter requested confidential treatment for certain sensitive business information, but in a telephone conversation with a member of my staff, you abandoned that aspect of your request. The submitted samples are Style Numbers BW2001, BW2003, 6422 and 1117 Belts. The belts are composed of leather and feature a metal tip at one end of the belt and a metal buckle. The front of the metal buckles will feature words, initials or symbols. The applicable subheading for the Style Numbers BW2001, BW2003, 6422 and 1117 Belts will be 4203.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel and clothing accessories, of leather or of composition leather: Belts and bandoliers with or without buckles.” The rate of duty will be 2.7% ad valorem. You also request a ruling on whether the proposed marking “Made in China” printed on a paper tag affixed to the back of the belt near the buckle is an acceptable country of origin marking for imported belts. A marked sample was submitted for review. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. 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. The proposed marking of imported leather belts, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported belts. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division