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NY A89297




November 13, 1996

CLA-2-39:RR:NC:WA:341 A89297

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.3300

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification and marking of a plastic beaded handbag from China.

Dear Ms. Balice:

This is in response to your letter dated October 29, 1996, requesting a tariff classification ruling addressing the acceptability of the country of origin as it relates to the sample submitted.

The sample submitted, style number 22276, is a handbag manufactured of plastic beads. The bag is unlined and measures approximately 7 1/2(W) x 6 1/2"(H). It is secured by means of a flap with a beaded button fastener. You have proposed that the handbag be marked by means of a hangtag which reads "Made in China". The handbag is manufactured with no seams or lining and therefore cannot be marked by means of a sewn-in label.

The applicable subheading for Style 22276, the handbag of plastic beads, will be 3926.90.3300, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics ...: beads, bugles and spangles not strung (except temporarily) and not set; articles thereof, not elsewhere specified or included: handbags. The duty rate will be 7.5 percent ad valorem.

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.

Section 134.44(c), Customs Regulations (19 CFR 134.44), requires that, when tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser.

We suggest that the handbag, being unable to be marked by means of a sewn-in label, be marked by means of a hangtag affixed with a one-way barb which reads "Made in China" in a conspicuous location and legible print. The proposed marking of the sample submitted with a hangtag, as described above, is as permanently marked as the article will permit and is in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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