The tariff classification of a swaddle wrap/blanket from China

N281151 December 6, 2016 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Anju Kohli Kohlson Incorporated/DBA ROCCABY 853 Larrabee Street, Apt 6 West Hollywood, CA 90069 RE: The tariff classification of a swaddle wrap/blanket from China Dear Ms. Kohli: In your letter dated November 8, 2016, you requested a tariff classification. You submitted a photograph of an item you call Roccaby™ Wraps, which is an infant wrap/ swaddle blanket. The wrap is triangular-shaped and designed to be wrapped around an infant and closed with hook-and-loop closures across the chest. The wrap is composed of 100 percent cotton woven fabric and measure 21 inches by 26 inches. The applicable subheading for the Roccaby Wraps infant wrap swaddle blanket will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. You have also requested information about proper marking. The photograph of the packaging containing the Roccaby Wrap™ you provided, was marked with “Made in China” printed on the outside. The photograph of the sample swaddle wrap appeared to have no marking. 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. The wrap will need the have a textile label sewn to the article to be 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. 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. 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 via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division