MAR-2 RR:NC:N3:351
Edith Tolchin
EGT Global Trading
P.O. Box 231
Florida, NY 10921
RE: the country of origin marking of “Color Matching I.D.” from China, Hong Kong, and Taiwan
Dear Ms. Tolchin:
This is in response to your letter dated December 29, 2006, on behalf of your client, Ms. Brenda Surber, of Kerrville, Texas, requesting a ruling on classification and country of origin marking for “Color Matching I.D.” A marked sample was not submitted with your letter for review; the samples were in a plastic bag with a sticker labeled EGT Global.
The submitted samples are articles of cotton yarn that are identified as the “Color Matching I.D.” set. The items are three flexible rings that feature colored yarns in a spectrum-like variety that radiate from their perimeters. You state that the yarns are made of colorfast cotton. The rings are approximately 2.5” in diameter. There are approximately 150 yarns stitched around each ring.
You state that the specific colors and order of colors are very important. Each yarn would be cut at approximately 5 inches. There will be 2 inches of yarn length attached to the ring. A white, round 1.5-inch plastic tag is attached to the ring; this tag has a slit in it to enable one to isolate the chosen color yarn. The “Color Matching I.D.” is used to match colors of home furnishings or apparel so that there is no need to carry that item or a fabric swatch when shopping.
The applicable subheading for the Color Matching I.D. will be 5609.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Of cotton. The rate of duty will be 2.9% ad valorem.
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.
Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Color Matching I.D. is the consumer who purchases the product at retail.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container or package of such article will reasonably indicate the origin of such article.
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 or packaging until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The samples as submitted are not legally marked. If you wish a ruling on a specific country of origin marking, please submit a marked sample for our review.
The samples will be returned as requested.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division