CLA-2-63:OT:RR:NC:N3:351
Mr. Christian Osse
Armbie LLC
1820 West 66th Street Tulsa, OK 74132
RE: The tariff classification and marking of a textile wrap from China.
Dear Mr. Osse:
In your letter dated September 3, 2024, you requested a ruling on the tariff classification and marking of a textile wrap. A sample of the product was provided to this office and will be retained for training purposes.
The sample, SKU# KY-U6QK-1D2Q, described as an Armbie, is a textile wrap designed to fit around one's torso and intended to support and hold one's arms in place while lounging. The wrap is composed of two layers of 100 percent polyester knit dyed fabric. The tubular wrap measures 20 inches in length by 17 inches in width when in use. It features an open pocket, measuring 4 inches in length by 4.5 inches in width, located on the front top center edge. In addition, it features a black 100 percent polyester woven fabric sewn to the wrap and a metal snap-hook inserted into the fabric loop. The snap-hook is attached to a card stock tag with the ARMBIE logo, website, and Made in China printed on the back. Inside the tag are instructions on how to use the product. The wrap is unisex and available in five different sizes with one unique color per size. You state the color and SKU# is delineated by the size: small (light blue), SKU# KY-U6QK-1D2Q; medium (purple), SKU# WI-M2DX-K6MJ; large (navy), SKU# 10-XYQX-OSWM; XL (black), SKU# ND-J2IF-OIHE; and XXL (grey), SKU# D3-5DU9-TXJL.
CLASSIFICATION:
The applicable subheading for the Armbie will be 6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other made up articles, including dress patterns: Other: Other: Other: Other: Other. The rate of duty will be 7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6307.90.9891, HTSUS, listed above.
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 at https://hts.usitc.gov/current.
COUNTRY OF ORIGIN MARKING:
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 container) will permit in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, of Title 19 of the Code of Federal Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
Section 134.41(b) (19 C.F.R. 134.41(b)), mandates that the ultimate purchaser in the U.S. must be 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 wrap is the consumer who purchases the product at retail.
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 submitted sample features a black 100 percent polyester woven fabric loop sewn to the wrap and a metal snap-hook inserted into the fabric loop. The snap-hook is attached to a card stock tag with the ARMBIE logo, website, and Made in China printed on the back. Inside the tag are instructions on how to use the product. The words Made in China is printed in a smaller font size than the rest of the wording on the card stock tag and cannot be read without strain. The font size is not clear enough to read the country of origin marking. Thus, the marking of the wrap is not properly marked with the country of origin.
Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov.
HOLDING:
The textile wrap is classified under subheading 6307.90.9891, HTSUS.
Pursuant to the country of origin marking requirements of 19 U.S.C. 1304 the Made in China in not an acceptable country of origin marking as the font size is too small.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division