CLA-2-42:OT:RR:NC:N4:441
Kelly B. Price
Infinity Global, Inc.
501 Bridge Street
Danville, VA 24541
RE: The tariff classification of a reusable tote bag from China
Dear Mr. Price:
In your letter dated October 5, 2016, you requested a tariff classification ruling. You have submitted a sample, which is being returned to you.
Style M11354, Ralph Lauren Pony Tote Bag, is a reusable shopping-style tote bag constructed with an outer surface of 100% nylon textile material. The bag is designed and sized to contain personal effects during travel. It provides storage, protection, organization, and portability to those articles. It is of a durable construction and suitable for repetitive use.
The applicable subheading for the reusable tote bag will be 4202.92.3131, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.
You have also requested information about proper marking. The sample you provided was marked with “Made in China” printed in black ink on a white textile label. The label is sewn onto one of the interior side seams of the tote 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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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 proposed marking of the imported tote bag, 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 tote bag.
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 https://hts.usitc.gov/current.
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 Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division