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NY L82528

February 16, 2005

MAR-2 RR:NC:N3:351 L82528


Joyce A. Frase
Traffic/Logistics Manager
Schott International, Inc.
P.P. Box 7152
Akron, OH 44306


Dear Ms. Frase:

In your letter dated February 10, 2005, you requested a tariff classification ruling. In addition, you are requesting a ruling on whether the proposed method of marking the container in which the unfinished textile pouches are imported with the country of origin in lieu of marking the articles themselves is an acceptable country of origin marking for the imported pouches.

The submitted sample is identified as an unfinished textile pouch manufactured in China. (You also submitted a sample of a finished heat pack.) You indicate that it is constructed of 100% unbleached cotton duck fabric. The item measures approximately 23½” x 4½” and features twelve open slots into which clay heating elements will be inserted in the United States after importation, creating a heat wrap for wrapping around muscles or joints to provide moist heat. Other finishing operations will also be performed after importation.

The applicable subheading for the unfinished textile pouches will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The samples will be returned as requested.

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 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. 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, however, the ultimate purchaser of the unfinished textile pouches is the manufacturer of the finished heat wrap.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the pouches by viewing the container in which they are packaged, the individual pouches would be excepted from marking under this provision.

If the finished heat wrap is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 646-733-3107.


Robert B. Swierupski

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