CLA-2-42:RR:NC:TA:341 I88914
Ms. Irene Kwok
C/O Mr. Zakir Ally
Concept 3, LTD
12 W 57th Street, 5th Floor
New York, NY 10019
RE: The tariff classification and marking of a perfume bottle box from China.
Dear Ms. Kwok:
In your letter dated November 21, 2002, you requested a tariff classification ruling and the acceptability of the country of origin marking as it pertains to the sample submitted.
The sample submitted is identified as item C-69982D. The item is a specially shaped and fitted box designed to contain a bottle of “Guerlain Paris” perfume. It is manufactured of a cardboard base wholly covered on the exterior with 100% polyester man-made material. The interior bottom section of the box has been fitted with a raised platform covered with satin fabric. The box measures approximately 9 ½” x 3 ½” x 5 ½”. You propose that the perfume box be marked by means of a pressure sensitive label on the bottom of the box which reads “Made-in-China”. The lettering “Made in China” is approximately 2.5 points (a point is approximately 0.01384”) in height and is of a color similar to the polyester fabric covering.
The jewelry box must be marked to comply with Section 304 of the Tariff Act (TA) of 1930, as amended (19 U.S.C. 1304), which 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.
An adhesive label is acceptable provided that the adhesive is of such a nature that if removed, it will leave a damaging mark. In addition, the print must be of a size and contrasting color to be legible. The instant label does not satisfy the requirements of section 304. It is recommended that the label be of a more permanent nature and the print be in a contrasting color and of a size approximately 6 points.
The applicable subheading for the Item C-69982D will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 18.1 percent ad valorem.
You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.
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 646-733-3041.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division