CLA-2-42:S:N:N6:341 899257
Mr. Harold Dichter
Leyden Customs Expeditors, Inc.
99 Hudson Street
New York, NY 10013-2896
RE: The tariff classification of a nylon carrying bag from China.
Dear Mr. Dichter:
In your letter dated June 13, 1994, on behalf of Mespo
Umbrellas, Ltd., you requested a classification ruling for a nylon
carrying bag.
The sample submitted, no style number indicated, described as
a "Magma Marine Cuisine", is a carry bag for a portable barbecue
unit designed for a boat. The bag is composed of 100 percent nylon
woven fabric measuring approximately 20 inches in width and 21
inches in length. The top of the bag is secured by means of a
braided textile drawstring closure which doubles as a carrying
strap. The front of the bag is printed with the "Magma Marine
Cuisine" trademark.
The applicable subheading for the carrying bag of 100 percent
nylon woven fabric will be 4202.92.3030, Harmonized Tariff Schedule
of the United States (HTS), which provides for travel, sports and
similar bags, with outer surface of textile materials, other, of
man-made fibers, other. The duty rate will be 20 percent ad
valorem.
Items classifiable under 4202.92.3030 fall within textile
category designation 670. As a product of China this merchandise
is subject to visa requirements and quota restraints based upon
international textile trade agreements.
The designated textile and apparel category may be subdivided
into parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an internal issuance of the U.S. Customs Service, which is
available for inspection at your local Customs office.
Your reference to the country of origin marking being stamped
on the clasp closure noted. Section 304 of the Tariff Act of 1930,
as amended (19 U.S.C. 1304), provides that, unless excepted, every
article of a foreign origin imported into the U.S. shall be marked
in a conspicuous place as legibly, indelibly, and permanently as
the nature of the article 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.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), mandates that the ultimate
purchaser in the U.S. must be able to find the marking easily and
read it without strain.
It is the opinion of this office that a stamp on the black
clasp closure is not as legible and permanent as the nature of the
article will permit. It is not only a blind spot, but also it does
not indicate whether the bag or the clasp was "Made in China". It
is recommended that in order to be as legible and permanent as the
article will permit, the bag must be marked with a sewn-in fabric
label which reads "Made in China" into the top inside seam.
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 been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport