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NY 870032

January 6, 1992

CLA-2-40:S:N:N3G:221 870032


TARIFF NO.: 4016.99.2500; 4016.99.5050

Ms. Sherri Romer
Jason Mills, Inc.
220 Kinderkamack Road
Westwood, NJ 07675-3601

RE: The tariff classification of rubber ties from Hong Kong.

Dear Ms. Romer:

In your letter dated December 18, 1991, you requested a tariff classification ruling.

The rubber ties are used to close laundry bags. The tie is approximately 5 1/2 inches in length. There is a hole at one end of the tie through which the other end can be passed after it is wrapped around the bag. In this way, the bag is closed. The tie is meant for prolonged use.

The applicable subheading for the ties, if composed of natural rubber, will be 4016.99.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, other, of natural rubber. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the ties, if composed of synthetic rubber, will be 4016.99.5050, HTS, which provides for other articles of vulcanized rubber, other. The rate of duty will be 5.3 percent ad valorem.

You have asked about country of origin marking requirements. Unless excepted by law, Section 134.11 of the Customs Regulations requires that every article of foreign origin imported into the United States be marked with the country of origin in a conspicuous place as legibly, indelibly and permanently as the nature of the article permits. The sample is marked "Westwood, NJ, Made in Hong Kong" by means of raised lettering. Section 134.46 of the Customs Regulations states:

In any case in which the words "U.S.," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and 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.

The marking on the sample tie meets the country of origin marking requirements.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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