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NY M83638

June 2, 2006

CLA-2-61:RR:NC:3:353 M83638


TARIFF NO.: 6115.93.9020, 6404.99.1540

Ms. Jennifer Scott
Expeditors Int’l of Washington, Inc.
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of wading sock and gravel wrap from China; country of origin marking.

Dear Ms. Scott:

In your letter dated May 12, 2006, on behalf of Simms Fishing Products, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Styles 94364 Neoprene Wading Sock and Item #2 Neoprene Gravel Wrap.

The Style 94364 Neoprene Wading Sock is constructed of lightweight 1mm neoprene covered on both sided with knit 100% nylon fabric. The wading sock is sewn from 3 panels and is worn with wading sandals when fishing cold rivers on hot days.

The Item #2 Neoprene Gravel Wrap is constructed of lightweight neoprene covered on both sides with knit man-made fiber fabric. The gravel wrap is a tapered cylinder secured with a loop and hook, and is worn over wader boots.

The applicable subheading for the Style 94364 Neoprene Wading Sock will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosieryfootwear without applied soles, knitted or crocheted: other: of synthetic fibers: other: other: other. The duty rate will be 14.6 percent ad valorem. The textile category designation is 632.

The applicable subheading for the and Item #2 Neoprene Gravel Wrap will be 6404.99.1540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of footwearand similar articles; gaiters, leggings and similar articles, and parts thereof: other: of other materials: of textile materials, of man-made fibers: other. The duty rate will be 14.9 percent ad valorem. The textile category designation is 659.

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/.

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.

You request advice on country of origin marking requirements for the gravel wrap.

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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, 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.

If you have a specific question regarding the marking of the gravel wrap, you should request a ruling and provide a sample of the item as you intend to mark it.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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