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NY L84185

May 2, 2005

CLA-2-63:RR:NC:N3:351 L84185


TARIFF NO.: 6307.90.9889, 4202.92.1500

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

RE: The tariff classification and country of origin marking of a hunting blind and accessory bags from China

Dear Ms. Frase:

In your letter dated April 13, 2005, you requested a tariff classification and marking ruling.

The submitted samples are identified as a Viper Blind (Sample A) and tree stand accessory bags (Samples B and C). You indicate that the Viper Blind is designed to partially cover hunters in a tree stand and protect them from the elements. You state that it is constructed of 60 percent cotton twill/40 percent polyester textile fabric. It is napped and screen-printed (front and back reversible) with different patterns on each side. It is filled with polyester fiber for insulation. It features an elastic cord for pulling the blind over the hunter to keep him warm.

The applicable subheading for the hunting blind 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 Camo Pouch (Sample B) measures 10” long x 9” wide and features a brass snap to close the top and polyester webbing with brass snaps to attach the bag to the tree stand. The Front and Side Bags (Sample C is actually the front bag) measure 8” long x 14” wide x 4” deep, with nylon zippers to close the top and polyester webbing with brass snaps to attach the bags to the tree stand. You state that all of the accessory bags are made specifically to attach to the tree stand, whether or not the blind is used. The pouch and the bags are constructed of the same material as the blind. Each bag is imported in separate export packing and will be sold at retail as optional equipment.

The applicable subheading for the accessory bags will be 4202.92.1500, HTS, which provides for travel, sports, and similar bagsof cotton. The duty rate will be 6.3 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

You also ask about the proper country of origin marking requirements. 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 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. 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.

In the case of the hunting blind and accessory bags, it is recommended that each be marked by means of a sewn-in fabric label.

The samples will be returned as requested.

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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