The tariff classification of the “Sol-X-Bag” from China.

N203769 February 29, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification; Marking TARIFF NO.: 3926.90.9980 Mr. Timothy McCall TDM Enterprise, LLC 902 Rock Spring Cove Round Rock, TX 78681 RE: The tariff classification of the “Sol-X-Bag” from China. Dear Mr. McCall: In your letter dated February 2, 2012, you requested a tariff classification ruling. The sample provided with your letter is identified as the “Sol-X-Bag.” The bag measures approximately 42 inches in width by 48 inches in length and is composed of metallized polyester plastic film. It has a hook and loop fastening strip attached towards the top of the bag so that it can be sealed and resealed. The bag is designed to increase the life of ice by blocking the sun’s heat, especially in emergencies or natural disasters. It can be used in conjunction with an ice chest, by simply placing an ice chest filled with ice in the bag. If an ice chest in not available, any suitable container, such as a kitchen trash can, be used in its place. If necessary, a bag of ice can simply be placed in the Sol-X-Bag. The Sol-X-Bag can hold up to a 48 quart ice chest or a 13 gallon trash can. The applicable subheading for the Sol-X-Bag 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. The hook and loop fastening strip that is used to close the bag is attached to the bag by means of a printed adhesive strip, measuring 8 inches by 1 3/8 inches, that is securely attached to the bag. The strip is printed with the logo, directions for use, and the words “Made in China.” 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 the imported Sol-X-Bags, as described above, conspicuously, legibly and permanently marks the products 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 Sol-X-Bags. 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