The tariff classification and country of origin marking of promotional literature from Hong Kong.

NY H87069 January 16, 2002 CLA-2-49:RR:NC:SP:234 H87069 CATEGORY: Classification TARIFF NO.: 4911.10.0080 Mr. Bruce Kindler Kinco International, Inc. P.O. Box 82345 Portland, OR 97282-0345 RE: The tariff classification and country of origin marking of promotional literature from Hong Kong. Dear Mr. Kindler: In your letter dated December 31, 2001, you requested a tariff classification and marking ruling. A sample identified as a “reflective glove promo mailer” was submitted and will be retained for reference. It is a folded sheet of paper that has been printed with photos and product information relating to various styles of safety gloves and vests marketed by your firm. In folded condition, it measures 3¾” x 8½”, and one of the exposed panels is prepared for mailing to a prospective customer, i.e., with your company’s return address, blank area for addressee, and bulk- rate U.S. postage permit number. In addition, the lower left corner of this panel bears the phrase “Printed in Hong Kong.” The applicable subheading for the “promo mailer” will be 4911.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) printed trade advertising material, commercial catalogs and the like. The rate of duty will be free. You state that the items represented by the sample are used for Kinco’s own marketing purposes, are not sold, and have no commercial value to anyone but your firm. In light of that, you ask whether it would suffice to have the “Printed in Hong Kong” marking on the export cartons only (i.e., without individual marking on each brochure).  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. Customs has held that imported articles to be distributed in the United States without charge are subject to the marking requirements of 19 U.S.C. 1304, and that the recipients of such articles are considered to be the “ultimate purchasers.” Therefore, the recipients must be informed of the country of origin. Accordingly, the “mailers” described above must be individually marked with their country of origin. 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 Carl Abramowitz at 646-733-3037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division