The tariff classification of a stretch ribbon from China

N278957 September 28, 2016 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Kelly B. Price Infinity Global, Inc. 501 Bridge Street Danville, VA 24541 RE: The tariff classification of a stretch ribbon from China Dear Ms. Price: In your letter dated July 27, 2016, you requested a tariff classification ruling. Your sample is being returned to you. You submitted a sample, item M13778, Tory Burch Stretch Ribbon (stribbon). The stretch ribbon is composed of woven textile fabric 98 percent elastic and 2 percent polyester. The stretch ribbon is ½ inch wide with woven selvedge edges on both sides and sewn together to form a loop. The stretch ribbon is part of the packaging for clothing and accessories to wrap around boxes upon purchase. The applicable subheading for item M13778, Tory Burch Stretch Ribbon 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 https://hts.usitc.gov/current. 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.In reference to the fiber content, information on these labeling requirements may be obtained at the Federal Trade Commission website at www.ftc.gov. For information on the acceptability of the marking on this product, you should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Ave, N.W., Washington, D.C. 20508 to ascertain whether the proposed marking satisfies their requirements. If the stretch ribbon will be marketed with other items 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 Adleasia Lonesome at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division