The tariff classification of a wristband/mouthpiece holder from China

N247272 November 25, 2013 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Edith Tolchin EGT Global Trading P.O. Box 5660 Hillsborough, NJ 08844 RE: The tariff classification of a wristband/mouthpiece holder from China Dear Ms. Tolchin: In your letter dated October 21, 2013, you requested a tariff classification ruling on behalf of your client, Mr. Nelson Pinder II of Mouthpiece Pockets, Incorporated from Orlando, Florida. You have submitted a sample of a wrist band made from woven elastic textile fabric. You call it Mouthpiece Pocket™. To create the mouthpiece pocket the wrist band is cut open on one side. The open section is layered with an elastic spandex fabric that is sewn to close the wrist band around it. The pocket section is stitched through the center, creating two inside split pockets that allow an athletic mouthpiece to be stored when not in use. The wristband’s split pockets hold the athlete’s mouthpiece to keep the mouthpiece clean and to prevent dropping or loss. The wristband also features a patch sewn on with the words “Mouthpiece Pockets” and two intertwined mouthpieces embroidered on it. The applicable subheading for the Mouthpiece Pocket wristband, 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 World Wide Web at http://www.usitc.gov/tata/hts/. The sample will be returned as requested. You have also requested information about proper marking. The sample you provided is not marked with the country of origin, however your letter indicates the merchandise will be manufactured in China. 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.Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. Information can also be found at the FTC website www.ftc.gov (click on “Consumer Protection” and then on “Business Information” and then on “Clothing and Textiles”). If the wristband will be marketed with a mouth guard and you wish a ruling on the marking of the complete item, you must submit a sample of the item in its retail packaging. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division