CLA-2-39:S:N:N3G:221 870868
Mr. Jeffrey H. Pfeffer
Fritz Companies, Inc.
40 Exchange Place, 12th Floor
New York, NY 10005
RE: The tariff classification of plastic equipment drapes from
the Dominican Republic.
Dear Mr. Pfeffer:
In your letter dated January 28, 1992, on behalf of Microtek
Medical Inc., you requested a tariff classification ruling.
The equipment drapes are used for the protection of various
types of operating room equipment. These drapes include various
styles of patient isolation drapes, C-arm and mobile X-ray
drapes, microscope, laser and video camera drapes, and X-ray
cassette drapes.
The applicable subheading for the plastic equipment drapes
will be 3926.90.9090, Harmonized Tariff Schedule of the United
States (HTS), which provides for other articles of plastics,
other. The rate of duty will be 5.3 percent ad valorem.
Articles classifiable under subheading 3926.90.9090, HTS,
which are products of the Dominican Republic, are entitled to
duty free treatment under the Generalized System of Preferences
(GSP) and the Caribbean Basin Initiative (CBI) upon compliance
with all applicable regulations.
You question whether the merchandise is entitled to duty-
free treatment pursuant to U.S. Note 2(b), subchapter II, Chapter
98, of the HTS. This note provides for the duty free treatment
of articles, other than certain excluded articles, which are
assembled or processed in a Caribbean Basin Economic Recovery Act
beneficiary country, wholly of fabricated components or
ingredients (except water) of U.S. origin. As long as only U.S.
origin components are used during the foreign manufacturing
operation, and the applicable documentation requirements are
satisfied, the plastic equipment drapes may enter the United
States free of duty pursuant to Note 2(b) of subchapter II,
Chapter 98, HTS.
You also request a ruling on the country of origin marking
requirements. Unless excepted by law, Section 304, Tariff Act of
1930, as amended (19 U.S.C. 1304), requires that every article of
foreign origin (or its container) be legibly and conspicuously
marked to indicate the country of origin to the ultimate
purchaser in the United States. Products manufactured in the
Dominican Republic from materials produced in the United States
are considered to be products of the Dominican Republic for
purposes of the marking requirements, and must be marked as such
unless exempted. Marking with a label stating "Made in the
Dominican Republic" as you suggest would satisfy the marking
requirements, as long as the label is securely affixed and is in
a conspicuous location. If the product is made entirely of
materials of United States origin, that may be disclosed by using
a legend such as "Made in the Dominican Republic from materials
of U.S. origin," or a similar phrase.
You question whether these products may be excepted from the
marking requirements if they satisfy the requirements of U.S.
Note 2(b), since that note directs that eligible products are not
to be treated as foreign articles. As long as the imported
articles meet the requirements of Note 2(b) to Subchapter II,
Chapter 98, HTS, they need not be marked with the Caribbean
country of processing.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have already been filed, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Acting Area Director
New York Seaport