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NY E87424




September 20, 1999

CLA-2-63:RR:NC:TA:352 E87424

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9985

Ms Jean Aiello
International Trade Logistics, Inc.
2535 Brunswick Avenue
Linden, NJ 07036

RE: The tariff classification of cotton movers’ pads from Hong Kong or China.

Dear Ms. Aiello:

In your letter dated September 13, 1999, on behalf of your client Claytons Mercantile Supply, Inc., you requested a tariff classification ruling.

The submitted swatches are samples of the material used for the manufacture of furniture movers’ pads used for protecting furniture from damage during moving. The outer covering of the pads is made from 100% cotton woven fabric which has been quilted to a padding layer of man-made fiber needleloom felt. Around the perimeter of the mover’s pad a capping of woven cotton fabric has been sewn to secure the edges. The pad measures 72 inches by 80 inches.

The applicable subheading for the furniture movers’ pad will be 6307.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles including dress patterns, other, other, other, other, furniture movers’ pads of cotton. The rate of duty will be 7 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Therefore the country of origin marking of imported furniture movers’ pads must be conspicuous, legibly and permanent in order to be considered marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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