THE COUNTRY OF ORIGIN MARKING OF CARD HOLDERS/COIN PURSES

NY I81032 May 8, 2002 MAR-2 RR:NC:3:341 I81032 CATEGORY: MARKING Robin C. Freeman C/o TRIWEF Corporation 200 Valley Road Suite 204 Mt. Arlington, N.J. 07856 RE: THE COUNTRY OF ORIGIN MARKING OF CARD HOLDERS/COIN PURSES Dear Ms. Freeman: This is in response to your letter dated April 24th, 2002 requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported card holders/coin purses. A marked sample was submitted with your letter for review. The submitted samples are identified as Style numbers 660, 671, and 680. Each is a card holder/coin purse with a split ring key holder. The articles are wholly made up of plastic that is reinforced with a woven textile material. The sheeting of plastic is the exterior constituent material. Style numbers 660, 671, and 680 are classified in the Harmonized Tariff Schedule of the United States (HTS) as 4202.32.1000, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, of reinforced or laminated plastics. The rate of duty will be $.121/kg + 4.6%. Each card holder/coin purse has a printed paperboard tag affixed by a securely affixed one-away barb. The tag is printed on one side with the trade name “Leather Etc.” The opposite side is printed with the style number, a bar code and the phrase “Made in China”. The card holder has a clear vue window within which is a printed sample card. The card is printed with the name of the distributor and has no other origin designation. 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 card holders/coin purses , 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 tags. 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 Kevin Gorman at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division