The tariff classification of drawstring pouches from China and decorative zinc coins from unspecified country; and country of origin markings.

N262946 April 8, 2015 CLA-2-83:OT:RR:NC:N4:433 CATEGORY: Classification; Marking TARIFF NO.: 8306.29.0000 Brian Kavanaugh Trade Advisor Deringer Logistics Consulting Group 173 West Service Road Champlain, NY 12919 RE: The tariff classification of drawstring pouches from China and decorative zinc coins from unspecified country; and country of origin markings. Dear Mr. Kavanaugh: In your letter dated March 18, 2015, on behalf of T.O.P. Marketing, you requested a tariff classification ruling. Also indicated were country of origin implications for the pouches. A sample pouch was provided with your ruling request letter. No sample of the coin was provided. The merchandise concerned involves a prospective importation of decorative pouches that are used as packaging for decorative coins. The drawstring pouches are composed of 100 percent polyester textile material, are red colored, and have the printed words of Assassin’s Creed® Unity with its logo. The sample pouch measures approximately 2¾ inches in height by 2¼ inches in width. These pouches will be imported with decorative, logo, die-cast zinc alloy coins, and serve as packaging for the sale of the coins. One pouch is designed to fit one coin. You ask whether or not the pouches are classified with their coins. Subject to the General Rules of Interpretation (GRIs), at GRI 5 (a) of the Harmonized Tariff Schedule of the United States (HTSUS), we are of the opinion that the drawstring pouches are fitted to contain a singular decorative coin, are entered with the decorative coin for long-term use, and are the typical packaging for such a coin. Consequently, the decorative pouches will not have to be separately classified, from that of the coins. The applicable subheading for the decorative, logo, die-cast zinc alloy coins, not plated with precious metal, will be 8306.29.0000, HTSUS, which provides for “Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: statuettes and other ornaments, and parts thereof: Other.” The rate of duty will be free. 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 state that pouches are made in China and will be marked with their country of origin. We note that the sample provided is not marked. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304) and implemented in 19 CFR 134, 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. Section 134.23 (a), Customs Regulations (19 CFR 134.23 (a)) provides that “Usual and ordinary reusable containers or holders,” (except for goods of a NAFTA country) which are usual containers, containers or holders designed for or capable of reuse after the contents have been consumed, whether imported full or empty, must be individually marked to indicate the country of their own origin with a marking such as, “Container Made in (name of country).” Your proposed marking is troublesome in that marking the pouch “China” or “Made in China” could lead the ultimate purchaser to conclude that the coin is also made in China. To satisfy the marking requirements, the pouch should be marked “Pouch Made in China or Pouch Product of China, or similar words,” and the coin should be marked “Coin Made in _____ or Coin Product of _____, or similar words _____” – the underscore is for completion of the statement with the applicable country of origin for the coin. See 19 CFR 134.46. 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 Neil H. Levy at E-Mail address: neil.h.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division