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NY N009227

April 25, 2007



TARIFF NO.: 4205.00.8000

Nikki Adams
The Coleman Company, Inc.
3600 N. Hydraulic
Wichita, Kansas 67219

RE: The tariff classification and marking of a bota bag from India.

Dear Ms. Adams:

In your letter dated April 2, 2007 you requested a tariff classification and marking ruling.

The submitted sample is identified as a bota bag. The bota bag consists of a curved-shaped pouch with a plastic screw-on cap over a small drink or pour spout. The outer shell of the pouch is made of leather and the inner liner is made of plastic. The purpose of the inner liner is to hold liquid. Attached to the pouch is a braided strap measuring 32 inches in length which can be used to hang from either the neck or shoulder. The sample submitted will be returned to you as requested.

The applicable subheading for the bota bag will be 4205.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of leather or of composition leather, other, other, other. 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 the World Wide Web at http://www.usitc.gov/tata/hts/.

You also inquired about the proper way to mark the bota bag with country of origin and whether the product will require a sewn-in tag in the seam or some other form of label indicating the county or origin. You correspondence indicates the bota bag will be package in a poly bag with a header card. The header card will be marked with the country or origin.

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 United States 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.

However, without the header card, we are unable to rule if the actual marking itself is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

If you decide to resubmit your request, please include the packaging and a sample. Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Rosemarie Hayward at 646-733-3064.


Robert B. Swierupski

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