CLA-2-42:RR:NC:TA:341 D81836
Ms. Kim Payton
Emery Customs Brokers
10520 E. Pine Street
Tulsa, OK 74116
RE: The tariff classification and marking of pet carriers from
Italy.
Dear Ms. Payton:
In your letter dated August 18, 1998, on behalf of Blitz,
USA, you requested a tariff classification ruling on pet
carriers.
You have submitted copies of a brochure of two items, each
described as the "Dreamy Pet Transport", a pet carrier
manufactured of molded plastic. Each item is said to be imported
in an unassembled condition. Whether imported assembled or
unassembled, the classification will remain the same.
The applicable subheading for the pet carriers of molded
plastic will be 4202.99.9000, Harmonized Tariff Schedule of the
United States (HTS), which provides in part for other bags and
containers, other, other, other, other. The rate of duty will be
20 percent ad valorem.
Your reference to the country of origin marking noted. Your
concern is, what would be the correct country of origin marking
for the unassembled units which will be assembled in the United
States. 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.
The pet carriers are said to be products of Italy.
Therefore each item must be marked "Made in Italy" in a
conspicuous location as permanently as the article will permit.
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 Kevin
Gorman at 212-466-5893.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division