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NY H89311

March 18, 2002

CLA-2-63:RR:NC:N3:351 H89311


TARIFF NO.: 6307.90.9889

Mr. R.H. Harder
H & H Associates, Inc.
P.O. Box 189
Bena, VA 23018

RE: Classification of a two-piece compression bandage with hooks from China.

Dear Mr. Harder:

In your letter dated March 6, 2002, you requested a ruling on tariff classification.

In your letter, you state that you will be importing an elastic strip, 4” x 54”, with a cotton abdominal pad sewn on one end. This sewing together of two pieces constitutes an assembly, thus qualifying this as a made up textile article for classification purposes.

Your letter goes on to state that after importation, at your plant in North Carolina, you will sew a metal hook onto the end opposite the pad, re-roll it, vacuum-pack it, and sterilize it. The finished product will be a compression bandage that can be applied by the user with one hand.

The applicable subheading for the unfinished, unsterilized bandage as imported from China will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles. The general rate of duty will be seven percent ad valorem.

You also request advice regarding the country of origin marking of the item. In a telephone conversation with National Import Specialist Mitchel Bayer you stated that both components of the imported item, the elastic strip and the pad, are manufactured in China. Thus, the country of origin of the imported assembled fabrics is China.

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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. Because this is the situation in this case, the imported fabrics are excepted from marking and only the outermost container is required to be marked with the country of origin (China).

In your letter, you ask, “Must we say that the elastic is from China, and that the final assembly is in N.C.?” Whether an article, in this case the sterilized compression bandage, may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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