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NY 872940

April 23, 1992

CLA-2-42:S:N:N3G:341 872940

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. Terry L. McCracken
R. J. McCracken Customhouse Bkrs.
5500 44th St., S.E.
Grand Rapids, MI 49512-4001

RE: The tariff classification of travel cosmetic bags from China.

Dear Mr. McCracken:

In your letter dated March 25, 1992, on behalf of Meijer, Inc., you requested a ruling addressing the acceptability of the country of origin marking as it relates to the samples submitted.

The samples submitted, style numbers P2573, P2541 and P2511, are travel cosmetic bags constructed with an outer surface of 55% cotton/45% polyester. The interiors are lined with vinyl. In each bag there is a sewn-in fabric label reading "Pac Kits by RGA, Style #, and Made in China".
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of a foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C.1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

It is the opinion of this office that the country of origin marking "Made in China" is not as legible as the article will permit.

The "Made in China" print on the label appears to be approximately 2-3 points (a point is a unit of type measurement equal to 0.01384 inches or nearly 1/72 inch. In addition the print is less bold as the style number.
It is recommended that in order to be as legible as the article will permit, the "Made in China" print should be at least 0.0625 inches and be as bold as the style number.

The applicable subheading for styles #P2573, #P2541 and #P2511, the travel cosmetic bags of 55% cotton/45% polyester, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.

Sincerely,

Jean F. Maguire
Area Director

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