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NY M80682

March 20, 2006

CLA-2-40:RR:NC:N2:221 M80682


TARIFF NO.: 4008.21.0000

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of rubber tourniquets from India.

Dear Mr. Sirico:

In your letter dated February 21, 2006, on behalf of Elastomer, Inc., you requested a tariff classification ruling.

The sample submitted with your request is a box of tourniquet straps made of polyisoprene and styrene butadiene rubber (SBR). The straps measure 1 inch in width by 18 inches in length. The straps are packaged in clear plastic bags, each containing 250 units. The bags are sealed across the opening with a large adhesive label that is printed with the style number (18769), size and quantity. The label identifies the contents as latex-free tourniquet straps, for single patient use only. The label also includes the words, “Distributed by Avcor Health Care Products, Inc., USA, Ft. Worth, TX 76140 USA.” The words “Made in India “ are printed immediately below the name and domestic location of the distributor in the same size and type lettering. Four packages, totaling 1000 units, are packed inside a cardboard carton. The carton is printed with the same information printed on the label that seals the inner bags, including the address of the domestic distributor, but there is no reference to the country of origin.

The applicable subheading for the tourniquet straps will be 4008.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of noncellular rubber: plates, sheets and strip. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The inner packaging bags are sealed with labels marked “Made in India” in the same type of printing as the name and address of the domestic distributor, as described above. This marking satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported tourniquet straps. However, the marking on the cardboard cartons is not acceptable. The cardboard boxes must also be printed to show “Made in India” in close proximity to the domestic address of the distributor and in a comparable size.

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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