CLA-2-63:OT:RR:NC:N3:351
Ms. Kelly B. Price
Infinity Global
501 Bridge Street
Danville, VA 24541
RE: The tariff classification of a shoe dust bag from India
Dear Ms. Price:
In your letter dated October 5, 2016, you requested a tariff classification ruling.
You submitted a sample of an unlined cotton woven textile fabric shoe dust bag, D52019. The shoe dust bag has a drawstring closure and is knotted on one end. The dust bag is not cut to shape or fitted for any particular pair of shoes and measures 8 inches by 15 inches. The shoe bag is imported for use as packaging for shoes upon purchase. The sample will be returned to you.
The applicable subheading for the shoe dust bag D52019 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.
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 the World Wide Web at
https://hts.usitc.gov/current.
You have also requested information about proper marking. The sample you provided was marked with “Made in India” printed on a textile label and sewn onto one of the interior side seams of the dust bag.
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. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, 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 submitted sample with the textile label sewn to one side is acceptable. In reference to the fiber content, information on these labeling requirements may be obtained at the Federal Trade Commission website at www.ftc.gov. For information on the acceptability of the marking on this product, you should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Ave, N.W., Washington, D.C. 20508 to ascertain whether
the proposed marking satisfies their requirements.
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 Adleasia Lonesome via email at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division