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NY R02007

May 24, 2005

CLA-2-39:RR:NC:N2:221 R02007


TARIFF NO.: 3923.90.0080

Mr. Thomas Kingery
Captain Sports, Inc.
65 Columbus Avenue
Delaware, OH 43015

RE: The tariff classification and country of origin marking requirements for a plastic clamshell package from China.

Dear Mr. Kingery:

In your letter dated May 18, 2005, you requested a ruling on the tariff classification and country of origin marking requirements for plastic packaging clamshells. A sample was not submitted with your letter for review.

The illustration submitted with your request depicts a clamshell package molded of clear plastic resin. The product will be used as retail packaging for orthopedic products such as wrist and ankle supports.

The applicable subheading for the plastic clamshell package will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plasticsotherother. The rate of duty will be 3 percent ad valorem.

You have asked about the country of origin marking requirements for the packaging. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States shall be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Section 134.24(b), Customs Regulations provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container, which reaches the ultimate purchaser. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the ultimate purchasers of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages are marked to indicate the country of origin of the containers.

These clamshell packages are considered to be disposable containers. When imported empty they need not be individually marked provided the shipping containers in which they are imported are marked to indicate the country of origin and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

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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