The tariff classification of a nylon travel bag from China and flood bags from Mexico

N107535 June 14, 2010 CLA-2-39:OT:RR:NC:N2:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980; 4202.92.3031 Mr. Jim Mylius Trade Services of Texas, Inc. 2210 N. Veterans Blvd., Suite 140 Eagle Pass, TX 78852 RE: The tariff classification of a nylon travel bag from China and flood bags from Mexico Dear Mr. Mylius: In your letter dated May 24, 2010, on behalf of Single Source Apparel, you requested a tariff classification ruling. The sample submitted with your request consists of eight Floodbloc flood bags imported with a nylon carrying bag. Floodbloc bags are used to clean up spills and flooding. Each bag has an exterior shell of woven jute fabric which encases a cotton twill packet of acrylic acid polymer. When the bag is immersed in water or other aqueous solutions, the acrylic acid polymer absorbs hundreds of times its weight in liquid and turns into a gel-like material with exceptional moisture retaining capability. The bags are designed for use in emergencies at home or at disaster sites to check the flow of water and other liquids. The essential character of the bags is imparted by the acrylic acid polymer that absorbs the liquids. The Floodbloc Bags are available in two sizes. The small bags measure approximately 14 inches by 26 inches and the large bags measure approximately 7½ inches by 99½ inches. The imported product will consist of an assortment of six small bags and two large bags inside a clear plastic packaging bag. The clear plastic bag with the eight Floodbloc bags is then packed into a travel bag that is made of woven nylon textile fabric. The nylon bag measures 24 inches in length and 10 inches in diameter. It has a drawstring closure with a plastic locking stopper. A webbed carrying strap is sewn onto the bag at the seam. The bag is not specially shaped or fitted for the contents but is a generic cylindrical travel bag. It is classified separately from the Floodbloc bags. The applicable subheading for the Floodbloc Bags will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 through 3914, other. The general rate of duty will be 5.3 percent ad valorem. The applicable subheading for the nylon travel bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The general rate of duty will be 17.6 percent ad valorem. 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 http://www.usitc.gov/tata/hts/. You ask about the country of origin marking of the Floodbloc bags and the nylon travel 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. Floodbloc bags are marked with sewn-in fabric labels that are printed with the words “Assembled in Mexico.” The Floodbloc bags with the sewn-in fabric labels are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and the proposed marking is an acceptable country of origin marking for the flood bags. The nylon travel bag has a paper label indicating “Nylon bag origin China” that is glued on the exterior of the bag close to the website address that is printed in large letters on the front of the bag. The initials “UK” for United Kingdom appear twice in the website address. Sections 134.46 and 134.47, Customs Regulations (19 CFR 134.46 and 134.47), deal with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. Section 134.46 provides that in such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. However, Section 134.47 states that when the non-originating location appears as part of a trademark or trade name or as part of a souvenir marking, the country of origin can appear either in close proximity or in some other conspicuous location, and the letters need not be of a comparable size. The purpose of both provisions is the same - to prevent the ultimate purchaser from being misled or deceived when the name of a country or place other than the country of origin appears on an imported article or its container. In this instance, we believe that the two “UK” references in bold print on the front of the nylon bag could have the potential of confusing some ultimate purchasers regarding the actual country of origin of the bag. Accordingly, those references trigger the special marking requirements of 19 CFR 134.46 and 134.47. Although the size of the letters in the origin label is significantly smaller than the size of the “UK” references, we consider the origin marking on the label to be conspicuous because it is located in close proximity to the “UK” initials and it is printed in contrasting colors. However, the origin label is not sufficiently permanent, since it is made of paper and is attached with a very light adhesive. It does not appear to be sufficiently substantial or secure to assure that it will remain on the bag until the bag reaches the ultimate purchaser. This office suggests that the label indicating the origin of the bag be made of textile and be attached with a stronger adhesive. 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division