The tariff classification and country of origin marking of a Bottle Bag of Fabric Covered Neoprene from China

NY L81691 January 11, 2005 CLA-2-42:RR:NC:3:341 L81691 CATEGORY: Classification TARIFF NO.: 4202.92.9026 Mr. George T.Biris Clicquot, Inc. 601 West 26th Street Suite1500 New York, NY 10001 RE: The tariff classification and country of origin marking of a Bottle Bag of Fabric Covered Neoprene from China Dear Mr: Biris In your letter dated January 3, 2005 you requested a classification ruling. The submitted sample is a bottle bag wholly made-up of fabric-covered neoprene. The fabric is of man-made fiber textile materials and is the exterior surface constituent material. The bottle bag is shaped similar to a bottle and has a side zipper that extends approximately 2/3rd down one side. The top has a leather tab fastener. You have indicated that the bottle bag will be imported and presented containing a bottle of champagne. The bottle bag is marked on the bottom exterior with an adhesive label that identifies the origin of the champagne as France. There is a small pressure sensitive label on the interior bottom of the bag that reads “Made in China.” The bottle bag is not normal retail packing for a bottle of champagne and it is designed for repetitive reuse subsequent to its initial purchase. The bottle bag is designed for prolonged use. The bottle bag has the useful characteristics of storage, protection, organization and portability. The neoprene material acts as an insulation both to retard temperature gain and also to protect the bottle from shock. The applicable subheading for the bottle bag, whether presented with or without the bottle, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for bottle cases, cases, other, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem. The marking statute, section 304, Tariff Act of 1930, as amended (Title 19 U.S.C.1304) provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article 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. Part 134, Customs Regulations (19 C.F.R. part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The consumer purchasing the bottle bag containing a bottle of champagne is considered to be the ultimate purchaser. 19 C.F.R. 134.24(a) does provide an exception to marking provided the container is the usual or ordinary type of container or holder and is ordinarily discarded after the contents are consumed. The instant bottle bag is not eligible for exception within 19 U.S.C. 134.24(a). The label, placed on the bottom interior of the bag, does not satisfy the “legible” and conspicuous” requirements of the marking statute. In addition, 19 C.R 134.46 specifies that in any case wherein an origin other than the country of origin is shown, the correct country of origin must be shown in close proximity and in comparable print. It is recommend that the country of origin of the bottle bag be shown on the bottom exterior in close proximity with and comparable print as the “Product of France”. The label should read “Bottle bag made in China. “ Goods classified within tariff number 4202.92.9026 fall within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. 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 Kevin Gorman at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division