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NY L87364

September 27, 2005

MAR-2 RR:NC:3:341 L87364


Mr. Petrus Joseph Holten
President, Pactis LLC
10251 North Oak Knoll Lane


Dear Mr. Holten:

This is in response to your request dated August 15, 2005 requesting a ruling that a certain drawstring pouch is exempt from country of origin marking requirements. A sample was been submitted with your letter for review. The sample will be returned as requested.

The pouch is wholly made-up of 100% polyester micro-fiber fabric. It has a braided drawstring closure. The pouch is approximately 4”W x 7”H. It has a black fabric label sewn on the exterior bottom that has contrasting white print. The pouch is a product of China, however, it is not marked with the country of origin. Although the submitted sample is designed to suit the needs of a pair of spectacles, it is not specially shaped or fitted and it is not of a kind normally sold therewith. We note that your client normally packages the pouch with a pair of their spectacles (sunglasses) in a retail carton for sale to the retail customer who is the ultimate user. However, the instant drawstring pouch is of a kind that ordinarily is not used to package a pair of spectacles, including sunglasses. The pouch is substantially constructed, not disposable and capable of re-use.

Whether or not the instant pouch is considered to be a usual container, it is subject to the statutory marking requirements as an imported article and not eligible for an exemption.

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.

Customs Decision number 963558, January 7, 2002 ruled that an identically constructed and sized spectacle pouch is capable of re-use and is of a kind classified within Heading 4202, HTSUSA. The ruling revoked a prior decision that the pouch was not suitable for re-use and not classified within HTS 4202. Ruling decision 963558 was published in Customs Bulletin Vol. 36, No.4, January 23, 2002 according to section 1625(c), tariff Act of 1930 (19 U.S.C.1625(c)), as amended. The publication revoked any treatment previously accorded by Customs to substantially identical transactions. Therefore, the instant spectacle pouch is not exempt from country of origin marking requirement.

It is recommended that the pouch be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 by printing the country of origin on the same side of the fabric label and in comparable size as now shown on the representative image.

The applicable subheading for the spectacle pouch of man-made fabric will be 4202.92.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, of textile materials, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

Goods classified within tariff number 4202.32.9550 fall within textile category designation 670. 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 otexa.ita.doc.gov.

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 Kevin Gorman at 646-733-3041.


Robert B. Swierupski

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