The tariff classification and country of origin marking of a bungee strap from China

N203766 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 bungee strap from China Dear Mr. Namazi: In your letter dated February 7, 2012, you requested a tariff classification ruling. Photographs of the bungee strap, which you describe as a baby toy/cup/bottle holder, were submitted with your letter. The holder is intended to be attached to a toy, a cup or a bottle at one end and to a stationary object such as a stroller side bar or high chair cross bar at the other end. The holder keeps the secured object from falling or being thrown to the floor. The holder consists of two lengths of plastic straps, with the plastic clip component at the end of one strap designed to snap into the corresponding plastic clip component at the end of the other strap. The larger strap attaches to an object such as a drinking cup, bottle or toy by means of “button” like closures. The smaller strap fastens to the stroller, high chair or other stationary object via a looping mechanism. The two straps are fastened via the clip in the middle to form one continuous strap. Although you describe this as a holder for a baby toy, cup or bottle, it is a general purpose bungee strap or tether with multiple applications. 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 Free Trade Agreements or Preferential Trade Programs. The applicable subheading for the molded plastic bungee strap 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. 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 bungee strap. 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. 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/. 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