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NY L81785

January 5, 2005

CLA-2-63:RR:NC:N3:351 L81785


TARIFF NO.: 6306.99.0000

Steven H. Wang
WHL Customs Broker Services
11222 South La Cienega Boulevard
Suite 355
Inglewood, CA 90304

RE: The tariff classification of a camping organizer from China

Dear Mr. Wang:

In your letter dated December 27, 2004, you requested a tariff classification ruling on behalf of Outdoor Concepts, Inc., of Boise, Idaho.

The submitted sample, identified as a “Tree Huggerz,” is a camping organizer that is a system of metal hooks inside of a woven nylon fabric base. The zippered case, which unfolds to an approximate size of 24” x 8½”, features an interior with six heavy steel hooks, two mesh storage pockets, five built-in fabric loops, and a nine-foot strap. You indicate that the strap fits around trees that are two to eleven feet in circumference.

You state that the organizer is used to provide campers with a convenient location to place personal items and outdoor gear. The packaging shows frying pans and caps hanging from the hooks and knives and various utensils stuck into the loops.

The applicable subheading for the camping organizer will be 6306.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for made up textile camping goods. The rate of duty will be 4.5 percent ad valorem.

You have attached a country of origin label and ask where it can be attached. 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 can 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 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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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