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NY D85683

December 22, 1998

CLA-2-39:RR:NC:SP:221 D85683


TARIFF NO.: 3926.90.9880

Mr. Rod Senior
Cardsafe Inc.
11190 Bent Pine Drive
Fort Myers, Florida 33913

RE: The tariff classification of plastic cardholders from Germany.

Dear Mr. Senior:

In your letter dated December 8, 1998, you requested a tariff classification and marking ruling.

A sample was provided with your letter. The cardholders are composed of clear molded plastics, and are designed to hold and protect credit and bank cards. The cardholders are typically sold to banks, which can then provide them free of charge to their customers. The cardholders are also sold to truck fleets to hold the drivers' vehicle fuel cards. The cards are shipped 400 to a box. The sample card you provided is not marked with the country of origin. You ask if marking the box will satisfy the country of origin marking requirements.

The applicable subheading for the cardholders will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. The rate of duty will remain unchanged in 1999.

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.

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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. In this instance, the ultimate purchaser is the bank customer who receives the cardholder. Therefore, the cardholders must be individually marked with the country of origin.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Joan Mazzola at 212-466-5580.


Robert B. Swierupski

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