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NY F88780




July 20, 2000

CLA-2-39:RR:NC:SP:221 F88780

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3926.90.9880

Mr. Bruce Kindler
Kinco International, Inc.
9788 S.E. 17th Avenue
Portland, OR 97222

RE: The tariff classification of a plastic hook from China.

Dear Mr. Kindler:

In your letter dated June 19, 2000, you requested a tariff classification ruling.

A sample hook was provided with your letter. The hook will be attached to a pair of gloves so that the gloves may be hung from a peg for store display. On occasion, the hooks will be imported already attached to the gloves. This ruling refers to only those hooks imported separately from the gloves.

The applicable subheading for the plastic hooks 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.

You have also inquired about the country of origin marking regulations. Rather than mark each hook with the country of origin, you propose to include a paper insert in each bag of hooks. The insert will say “Made in China.”

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 C.F.R. 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 glove sellers who attach the hooks to the gloves are considered to be the ultimate purchasers of the hooks. Therefore, the hooks may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the hooks, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchasers unopened.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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