CLA-2-95:OT:RR:NC:2:224
Mr. Jason M. Waite
Alston & Bird, LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004-1404
RE: The tariff classification, country of origin determination and origin marking of shin guard socks from China
Dear Mr. Waite:
In your letter dated January 25, 2008, on behalf of GoldToeMoretz, LLC, you requested a ruling regarding the country of origin determination, and subsequently, an origin marking for the shin guard socks.
The product consists of a plastic shin guard sewn into a 100% polyester yarn sock with a sewn-in logo. In addition, the product also contains protective foam pads sewn into the sock at the ankles. The sock itself is composed of polyester yarn originating in Mexico, while the plastic shin guard inserted in the sock is produced in China.
You have correctly indicated in your letter that the country of origin cannot be determined under § 102.11 (a) because: the shin guard sock is not wholly obtained or produced in any one country, the good is not produced exclusively from domestic materials from any one country, and each foreign material does not undergo an applicable shift in tariff classification as set out in § 102.20. Specifically, the plastic shin guard does not undergo a change in tariff classification: it would be classified in HTSUS 9506.99.2000 as a shin guard, if it was imported separately. A classification decision for the instant product was recently issued by this office in ruling letter N020360 dated December 13, 2007. The shin guard sock was classified in HTSUS 9506.99.2000 as other soccer equipment.
Since the country of origin of the product cannot be determined under § 102.11 (a), the country of origin of the single material or component that imparts the essential character to the good must be established under 19 C.F.R. § 102.11 (b). The country of origin of the item would depend on whether the knit sock component or the plastic shin guard component provides the shin guard sock with its essential character.
Using the principle of essential character under GRI 3(b), it has been determined by this office that the plastic shin guard component of the shin guard sock imparts the essential character to the product. The main purpose of the instant product is the protection of the ankles and the lower calf during soccer play. Bearing this fact in mind, the essential character of the shin guard sock is imparted by the protective apparatus in the sock, namely the plastic shin guard. Therefore, the country of origin of the shin guard sock has been determined to be China, the country of origin of the plastic shin guard.
The next issue to be addressed is the required country of origin marking for the shin guard sock.
You are proposing that the merchandise be marked with the country of origin on the paper insert contained in the packaging. Although a marked sample has not been submitted, your office has stated that the country of origin marking will be “in a conspicuous place as legibly, indelibly and permanently as the brand information and all other product details in order to comply with the requirements of the marking statute.” In the opinion of this office, the paper insert must state: “Made in China, Assembled in Mexico” in a manner compliant with the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304).
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. Additionally, 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 until it reaches the ultimate purchaser, unless deliberately removed, is acceptable.
The proposed marking of the imported shin guard socks, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported merchandise.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Wayne Kessler at 646-733-3025.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division