The tariff classification of a blanket and tote bag from China

N306801 November 7, 2019 CLA-2-63:OT:RR:NC:N3:349 CATEGORY: Classification TARIFF NO.: 4202.92.3131; 6301.40.0020; 9903.88.03 Mr. Ian Whiton Positive Promotions, Inc. 15 Gilpin Avenue Hauppauge, NY 11788 RE: The tariff classification of a blanket and tote bag from China Dear Mr. Whiton: In your letter dated October 17, 2019, you requested a tariff classification and marking ruling. Samples of the two items were submitted and will be returned to you, as requested. The baby blanket is constructed of 100 percent polyester knit plush pile fabric with an all-over printed pattern on both sides. The blanket, measuring approximately 29 x 42 inches, features rounded corners and capped edges. The second item, which you referred to as a diaper bag, is a tote bag. The tote bag is constructed with an outer surface of man-made textile material. It has a zippered top opening, several exterior pockets, and two interior open pockets. The article is designed to provide storage, protection, portability, and organization to personal effects during travel. You indicated that the blanket will be imported and sold inside the tote bag. Both items will be packaged in a clear polyvinyl bag and sold to hospitals and other organizations as promotional products. As you noted, neither sample submitted is marked with the country of origin but you confirmed the country of origin marking would be provided on a sewn in label once production begins. The applicable subheading for the blanket will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for blankets (other than electric blankets) and traveling rugs, of synthetic fibers, other. The rate of duty will be 8.5 percent ad valorem. The applicable subheading for the tote bag will be 4202.92.3131, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers. The rate of duty is 17.6 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4202.92.3131, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4202.92.3131, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 the World Wide Web at https://hts.usitc.gov/current. We are unable to issue a marking ruling, at this time, due to insufficient information regarding your proposed marking. 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. If you need additional guidance for these products, please submit a request for a marking ruling accompanied by marked samples of both items in their imported condition, including packaging, so that we may determine if the items are properly marked. 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 Kim Wachtel at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division