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

N203767 March 5, 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 requirements of a crayon bungee strap from China Dear Mr. Namazi: In your letter dated February 7, 2012, you requested a tariff classification ruling. A photograph of the product, identified as the NiNi Crayon Bungee, was included with your request. The crayon bungee is a molded plastic tether device designed to hold three crayons. The bungee consists of multiple strapping components. The component that holds the crayons consists of three novelty shaped straps, each with a tubular fitting at one end for securing a crayon. These three novelty shaped straps are attached together at the end opposite to the tubular fittings by means of a D ring. The D ring is attached to a short strap component with a releasable fitting at the other end. There are two interchangeable strap components that are designed to be snapped into the releasable fitting. One strap component has a loop and is designed to secure the bungee to a stationary object such as a stroller frame or high chair frame. The other strap has a suction cup and is designed to be secured to a stationary surface such as a stroller tray, high chair tray or tabletop. A box of four crayons is packaged together with the crayon bungee for retail sale. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the crayon bungee and crayons to be a set for tariff classification purposes, with the essential character imparted by the crayon bungee. 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 crayon bungee with crayons 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 crayon bungee or on its packaging. 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