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NY 898821

June 22, 1994

CLA-2-42:S:N:N6:341 898821


TARIFF NO.: 4202.91.0090

Mr. Adolfo Neufeld
Rona Leather, Inc.
597 Route 9W
Piermont, NY 10968

RE: The tariff classification and marking of a leather carrying case from China.

Dear Mr. Neufeld:

In your letter dated May 17, 1994, you requested a tariff classification ruling addressing the acceptability of the country of origin marking as it pertains to a leather carrying case.

The sample submitted, no style number indicated, is a specially shaped and fitted carrying case composed of an exterior surface of leather. The interior is composed of a textile woven fabric. In the top interior are two sewn-in fabric labels (opposite to each other) on either side. One label reads "Rona, Designed By Rona Leather, Peirmont, New York". The other label reads "Made in China". Each is in comparable print and close proximity.

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 134.46, requires that the correct country of origin marking be within close proximity and comparable print to the words "U.S.A.", any variation of such words or letters, or the name of any city or locality in the United States, or the name of a foreign country or locality other than the country or locality in which the article was manufactured or produced. 2

It is the opinion of this office that the submitted sample country of origin marking is in close proximity and comparable print to the U.S.A. origin. The country of origin marking is legible and conspicuous as the article will permit. The country of origin marking is acceptable and within compliance with 19 U.S.C. 1304 and 19 CFR 134.46 of Customs Regulations.

The applicable subheading for leather carrying case will be 4202.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases..; traveling bags and similar containers, other, with outer surface of leather, of composition leather or of patent leather, other. The rate of duty will be 6.8 percent ad valorem.

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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