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NY G86926

February 9, 2001

CLA-2-95:RR:NC:2:224 G86926


TARIFF NO.: 9506.99.6080

Nancy Bosseckert
Freight Brokers Int’l.
1200 Brunswick Ave.
P.O. Box 960219
Inwood, NY 11096-0219

RE: The tariff classification of the Hoop Harness from China.

Dear Ms. Bosseckert:

In your letter dated January 24, 2001, you requested a tariff classification ruling, on behalf of Taktiks Corporation.

You are requesting the tariff classification on an item that is called the Hoop Harness. The Hoop Harness is a basketball-training device that promotes ambidextrous basketball handling skills. The drills performed with the aid of the Hoop Harness are designed to strengthen your weak hand by eliminating the possibility of strong or natural hand assistance. There is a safety arm cuff that enables the cuffed arm to move along the waist. The sample will be returned, as requested.

You are also requesting information on the proper country of origin marking for this merchandise. A marked sample was not submitted with your letter for review. You also have not submitted a description of the proposed marking.

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 (19CFR 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.

This office suggests that you contact your local U.S. Customs office for the marking requirements on the product.

The applicable subheading for the Hoop Harness will be 9506.99.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports...or outdoor games...parts and accessories thereof: Other...Other.” The rate of duty will be 4 percent ad valorem.

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 Tom McKenna at 212-637-7015.


Robert B. Swierupski

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