The tariff classification and country of origin marking of a pacifier holder from China

N203764 February 29, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification; Marking TARIFF NO.: 3926.90.9980 Mr. Cyrus Namazi NiNi, Inc. P.O. Box 60 Boyds, MD 20841 RE: The tariff classification and country of origin marking of a pacifier holder from China Dear Mr. Namazi: In your letter dated February 7, 2012, you requested a tariff classification ruling. The pacifier holder is a plastic strap with a metal clip on one end and a webbed string that is permanently attached on the other end. A photograph of the pacifier holder was submitted with your letter. The strap measures approximately 7 inches in length. You state that the webbed string is intended to loop through a pacifier and the clip is designed to be attached to the child’s clothes. Although you state that the holder is designed to hold a pacifier, the holder is a general purpose tether that can be used to attach a wide variety of articles together. You inquired about the applicability of trade programs or agreements. Merchandise from China is eligible for the rates of duty applicable to shipments from countries with which the United States has Normal Trade Relations but does not currently qualify for preferential treatment under any of the Free Trade Agreements or Preferential Trade Programs. The applicable subheading for the pacifier holder will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You have also asked about the country of origin marking requirements. A marked sample was not submitted with your letter for review. The photograph submitted with your letter does not show any marking regarding the country of origin on the pacifier holder. 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. 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 (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division