The tariff classification of a pocket chart from China

N128505 November 17, 2010 CLA-2-63:RR:OT:NC:N3:351 CATEGORY: Classification, Marking TARIFF NO.: 6307.90.9889 Ms. May King Altered Images Design, Inc. 15037 SE 46th Way Bellevue, WA 98006 RE: The tariff classification of a pocket chart from China Dear Ms. King: In your letter dated October 20, 2010, you requested a tariff classification ruling. You submitted a picture of a chart made of nylon cloth and measuring 14-1/2” wide and 27” in length. The chart has five 2”-deep clear PVC plastic pockets sewn across the front. The nylon pocket chart is printed on top with the words “My Star Rewards.” The chart has two metal grommets at the upper corners which allow it to be hung. There are also two hook-and-loop closures sewn on the back so that it can be folded closed. The chart is meant to hold paper cards with printed stars. Placement of these cards into the pockets will illustrate good and bad behavior based on stars earned and lost. You state in your letter that the chart is an educational aid for children. You also state that the star-printed cards will not be included with the chart at this time. The chart with the cards included has been ruled on in New York Ruling Letter N128508. The applicable subheading for the pocket chart imported without the cards will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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 the World Wide Web at http://www.usitc.gov/tata/hts/. You also asked about country of origin marking requirements that may apply to the imported goods. We did not examine a sample, nor did you include a picture of the label. 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. 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) of the Customs Regulations (19 CFR 134.1(d)) provides that the “ultimate purchaser” is generally the last person in the United States who will receive the article in the form in which it was imported. However, Section 134.1(d)(2) states that if a manufacturing process is applied to an article after importation and that process is merely a minor one that leaves the identity of the product intact, the consumer or user of the article, who obtains the article after the processing, will be regarded as the ultimate purchaser. Section 134.46, Customs Regulations (19 CFR 134.46), deals 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. 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. 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 (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division