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NY 803754




November 22, 1994

CLA-2-42:S:N:N6:341 803754

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Judy Kearney
Network Brokers Int'l, Inc.
Airport Industrial Office Park
Building C-1D
145th Avenue & Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification and marking status under the North American Free Trade Agreement (NAFTA), of a spectacle sheath from Canada.

Dear Ms. Kearney:

In your letter dated October 28, 1994, on behalf of Renaissance Eyewear, Inc., you requested a ruling on the status of a spectacle sheath from Canada under the NAFTA.

The submitted sample is a "Reebok" spectacle sheath composed of 50 percent polyester and 50 percent nylon woven fabric. The fabric will be made in Japan. It will be cut, sewn and stamped in Canada. The sheath is designed to contain a pair of eyeglasses and/or sunglasses. You have indicated that the case will not contain any eyewear products when imported and will be imported as submitted. The sheath will be coupled with "Reebok" eyewear as it is shipped from the importers location in Cranford, NJ.

The applicable tariff provision for the spectacle sheath of 50 percent polyester and 50 percent nylon will be 4202.32.9550, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. The general rate of duty will be 20 percent ad valorem.

Each of the non-originating materials (the fabric) used to make the spectacle sheath has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/42-7. The spectacle sheath will be entitled to a 8 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The marking statue, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every

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article of a 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C 1304.

Section 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

The proposed marking of the imported spectacle sheath, as described above, is that the spectacle sheath should be marked with a sewn-in fabric label which reads "Made in Canada" into the top inside seam in order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 country of origin marking for the imported article.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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