The tariff classification of “Scooter Booty” from China, Taiwan, India, or Thailand.

NY G86843 February 22, 2001 CLA-2-63:RR:NC:TA:351 G86843 CATEGORY: Classification TARIFF NO.: 6307.90.9989 Nancy Bosseckert Director of Import Operations Freight Brokers International, Inc. 1200 Brunswick Ave. P.O. Box 960219 Inwood, NY 11096-0219 RE: The tariff classification of “Scooter Booty” from China, Taiwan, India, or Thailand. Dear Ms. Bosseckert: In your letter dated January 24, 2001, on behalf of your client Taktiks Corporation, you requested a tariff classification ruling. You submitted a sample of an item called a “Scooter Booty,” which is a piece of textile fabric, approximately 8½” x 5” with a 1” reflective strip running its length. It is meant to be wrapped around the upright bar on a foot-powered scooter and to fasten to itself with a hook-and-loop fastener. The reflective strip is meant to face in the direction in which the scooter will be traveling in order to make the scooter more visible. The applicable subheading for the Scooter Booty will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be seven percent ad valorem. Your letter also inquires about the correct marking of the item. 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, a label sewn into a seam of the Scooter Booty would suffice. 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. 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. If the Scooter Booty is being marketed to purchasers or owners of scooters as an after-market add-on, marking the cartons would not suffice to alert them to the country of origin. In such a case, the item itself, or its packaging, would have to be marked so that the country of origin is visible prior to purchase. If, however, the item is being marketed to manufacturers or assemblers of scooters to be included in the sale of a complete scooter, each item need not be marked. 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 of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the manufacturer or assembler, and if the country of origin of the Scooter Booty is obvious by viewing the container in which it is packaged, the individual items would be excepted from marking under this provision. It should be noted that textile fiber products imported into the U.S., with certain exceptions, must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division