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NY I86919

October 17, 2002

CLA-2-39:RR:NC:SP:221 I86919


TARIFF NO.: 3923.50.0000

Ms. Helen I. Sugar
BCB International Inc.
1245 Niagara Street
Buffalo, NY 14213-1501

RE: The tariff classification of bag clips from China.

Dear Ms. Sugar:

In your letter dated September 26, 2002, on behalf of Robinson Knife Company, you requested a tariff classification ruling.

Samples of three types of bag clips were provided with your letter. The “Chip Clips” are designed to reseal opened food bags by placing the opened bag between the two jaws of the clip, which when released clamp the bag closed. Some of the Chip Clips have a magnet on the back. The “Click n Seal” and the “Super Clip” are also devices used to reseal opened bags, but these styles operate with a gripper jaw and pivoting hinge. One style of the Super Clip incorporates a cutting blade to open the bags, while another style incorporates a handle. Each style of bag clip is available in various sizes.

The applicable subheading for the Chip Clips, Click n Seal and Super Clips will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

You have also asked for a country of origin marking ruling. The clips are packaged on a cardboard backing. The back of the package is printed with a domestic address. Just below the domestic address, the words “Made in the U.S.A.” are printed. You state that the samples were made in the United States, but that when the product is imported from China, it will be marked to reflect China as the country of origin.

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.

Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

The clips will satisfy the country of origin marking requirements if the packages are marked in the same fashion as the sample packages, substituting “Made in China” in place of “Made in the U.S.A.”

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 646-733-3023.


Robert B. Swierupski

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