Sentas Rulings 2

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Sentas Rulings 2

  1. 1. NY R03575 April 25, 2006 CLA-2-74:RR:NC:N1:113 R03575 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated March 29, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of various sizes of couplings used to connect hoses. Series 324 and 411 are made of nickel- plated brass. Series 414 is made of chrome-plated brass. Series 326 is non-plated brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings (item numbers 324, 411, 414, and 326) will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, other. The rate of duty will be free. Your inquiry does not provide enough information for us to give a classification ruling on coupling series 412, which is made of nickel-plated steel and brass. Your request for a classification ruling should include a breakdown by weight of the steel and brass portions of this coupling. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R03574 April 25, 2006 CLA-2-74:RR:NC:N1:113 R03574 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated March 29, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of various sizes of couplings used to connect hoses. Series 345 and 341 are made of nickel- plated brass. Series 221 and 141 are made of chrome-plated brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings (item numbers 345, 341, 221, and 141) will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, other. The rate of duty will be free. Your inquiry does not provide enough information for us to give a classification ruling on coupling series 342, which is made of nickel-plated steel and brass. Your request for a classification ruling should include a breakdown by weight of the steel and brass portions of this coupling. When this information is available, you may wish to consider resubmission of your
  2. 2. 2 request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R03780 May 3, 2006 CLA-2-38:RR:NC:2:239 R03780 CATEGORY: Classification TARIFF NO.: 3824.90.9190 Ms. Senta Schreiber BDG International Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of Formazin Turbidity Standard 4000 FNU from the Netherlands. Dear Ms. Schreiber: In your letter dated April 19, 2006, on behalf of your client Sudmo North America, you requested a tariff classification ruling for Formazin Turbidity Standard 4000 FNU (Formazin) which is a chemical used as a calibration standard for turbidity meters. Formazin is composed of hexamethylenetetramine, demineralized water, formaldehyde, and formazin polymer. The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem. 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 Andrew Stone at 646-733-3032. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04867 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04867 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of couplings used to connect hoses. Series 342 is made of brass and steel. The brass is the principal weight. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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
  3. 3. 3 accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04868 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04868 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of couplings used to connect hoses. Series 358 is made of brass and steel. The principal weight is the brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04869 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04869 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of couplings used to connect hoses. Series 412 is made of brass and steel. The principal weight is the brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/.
  4. 4. 4 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04871 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04871 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of a variety of couplings used to connect hoses. Series 305, 315, 408 and 430 are made of brass and steel. They are in principal weight of brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04872 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04872 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of a variety of couplings used to connect hoses. Series 320, 342, 343 and 410 are made of brass and steel. They are in principal weight of brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
  5. 5. 5 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04874 September 19, 2006 CLA-2-74:RR:E:NC:N1:113 R04874 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of a variety of couplings used to connect hoses. Series 220, 300, 303 and 310 are made of brass and steel. They are in principal weight of brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04870 October 4, 2006 CLA-2-74:RR:E:NC:N1:113 R04870 CATEGORY: Classification TARIFF NO.: 7419.99.5050 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of a variety of couplings used to connect hoses. Series 348 and 442 are made of brass and steel. They are in principal weight of brass. We assume that the couplings do not contain valves or shut-offs. The applicable subheading for all of the brass couplings will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of copper, 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 James Smyth
  6. 6. 6 at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY R04873 October 4, 2006 CLA-2-74:RR:E:NC:N1:113 R04873 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of couplings from Sweden Dear Ms. Schreiber: In your letter dated September 8, 2006, on behalf of Cejn Industrial, you requested a tariff classification ruling. The merchandise consists of a variety of couplings used to connect hoses. Series 171, 172 and 181 are made of aluminum and brass. They are in principal weight of aluminum. We assume that the couplings do not contain valves or shut- offs. The applicable subheading for all of the aluminum couplings will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of aluminum, other. The rate of duty will be 2.5 percent ad valorem. 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/. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006870 February 16, 2007 CLA-2-95:RR:NC:N2:225 CATEGORY: Classification TARIFF NO.: 9505.90.4000 Ms. Senta Schreiber BDG International, Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of a "Party Lantern" from China. Dear Ms. Schreiber: In your letter dated February 6, 2007, on behalf of Solo Cup Operating Corporation of Highland Park, Illinois, you requested a tariff classification ruling. You submitted a sample of a "Party Lantern" (no item number) that consists of a circular shaped 12" lantern that is constructed of coil wire covered with red paper decorated with purple, blue, green and yellow circles of various diameters. The coil wire helps maintain the shape of the lantern. The lantern also has a wire support on top with a hanging loop that is attached to string for hanging the lantern. The "Party Lantern" is packaged in a plastic bag with an illustrated cardboard insert, and is intended for use as a party decoration for the home. The applicable subheading for the "Party Lantern" (no item number) will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Festive, carnival or other entertainment articles, including magic tricks, and practical joke articles; parts and accessories thereof: Other: Confetti, paper spirals or streamers, party favors and noisemakers: parts and accessories thereof." 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/.
  7. 7. 7 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 Wayne Kessler at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006775 February 21, 2007 CLA-2-95:RR:NC:N2:225 CATEGORY: Classification TARIFF NO.: 9505.90.4000 Ms. Senta Schreiber BDG International Inc 840 Tollgate Rd Elgin, IL 60123 RE: The tariff classification of Notepad Party Favors (no item number) from China Dear Ms. Schreiber: In your letter dated February 6, 2007, on behalf of your client Solo Cup Operating Corp, you requested a tariff classification ruling. The five packages of Notepad Party Favors (no item number), are each retail packed in a blister pack of four Notepads with the words "Party Favor" on the cardboard heading. Each Notepad cover displays a cheerful picture on it to help contribute to the fun atmosphere of a party. Since the Notepad Party Favors are the same product blister packed in a multiple of four, of miniature size and minimal value, and have the words "Party Favor" on its packaging, the goods meet the requirements as party favors outlined in HQ Ruling 962454, dated August 2002. The applicable subheading for the Notepad Party Favors (no item number), will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof." 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/. You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs. 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 Wayne Kessler at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006843 February 21, 2007 CLA-2-95:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Senta Schreiber BDG International Inc. 840 Tollgate Rd. Elgin IL 60123 RE: The tariff classification of a light up stick from China. Dear Ms. Schreiber:
  8. 8. 8 In your electronic ruling request dated February 6, 2007, you requested a tariff classification ruling on behalf of Solo Cup Operating Corp. The merchandise is described as a Play Glow Tri Color Light Up Stick. The battery-operated plastic light wand measures about seven inches in length and has a lanyard to hang the stick wand around the neck. The article can produce various lighting effects that entertain and amuse. The provided sample will be returned The applicable subheading for the Play Glow Light Up Stick will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "…other toys." 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/. 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006650 February 26, 2007 CLA-2-42:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Senta Schreiber BDG International Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of tote bag from China Dear Ms. Schreiber: In your letter dated February 6, 2007, you requested a tariff classification ruling on behalf of your client, Solo Cup Operating Corp. of Highland Park, Il. The sample submitted is not identified by a style number. The item is a double handle, top zippered tote bag designed to provide storage, portability, organization, and protection to personal effects during travel. It is manufactured of clear polyvinyl chloride (PVC) sheeting. The interior of the bag is unlined and contains no additional features. It measures approximately 13" (W) X 12" (H) X 5.5" (D). This office is retaining the tote bag as an official sample. The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with the outer surface of sheeting of plastic, other. The rate of duty will be 20% ad valorem. 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/. 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 Vikki Lazaro at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006841 March 6, 2007 CLA-2-63:RR:NC:N3:349 CATEGORY: Classification TARIFF NO.: 6302.21.9010 Senta Schreiber BDG International Inc 840 Tollgate Rd Elgin, IL 60123 RE: The tariff classification of a pillowcase from China Dear Ms. Schreiber:
  9. 9. 9 In your letter dated February 6, 2007 you requested a classification ruling on behalf of Solo Cup Operating Corp. The submitted sample is identified as an "Autograph Pillowcase Set". It consists of a pillowcase and felt-tip pen. The pillowcase is made from 80 percent cotton and 20 percent polyester woven fabric. The fabric is printed and not napped. It is sewn along three sides. The open end is folded to form a 3.5-inch wide hem. The face panel is printed with flowers and the phrase "Sleepover Friends". The pillowcase measures 20 x 30 inches. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which: (a) consist of at least two different articles which are prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; (c) are put up in a manner suitable for sale directly to users without repacking. In this case all three criteria are met and the pillowcase and felt tip pen qualifies as a set. In our opinion, the pillowcase imparts the essential character of the set. The applicable subheading for the "Autograph Pillowcase set" will be 6302.21.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen, printed: of cotton: not napped… pillowcases, other than bolster cases. The duty rate will be 6.7 percent ad valorem. 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 pillowcase falls within textile category designation 360. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 John Hansen at 646-733-3043. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006845 February 23, 2007 CLA-2-39:RR:NC:N2:221 CATEGORY: Classification TARIFF NO.: 3923.21.0095; 3923.29.0000 Ms. Senta Schreiber BDG International Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of shaped treat bags from China. Dear Ms. Schreiber: In your letter dated February 6, 2007, on behalf of Solo Cup Operating Corp., you requested a tariff classification ruling. You have submitted 4 packages of treat bags. The bags are made of either polyethylene or polypropylene plastic sheeting. The bags measure approximately 5 inches by 9 inches, have irregular edges and do not have handles. The fronts and backs are printed with pictures such as spider webs, pumpkins, gingerbread men and penguins. Each package includes 15 bags of one design and 15 twist ties to close the bags. The applicable subheading for the treat bags, when made of polyethylene sheeting, will be 3923.21.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene…other: other. The rate of duty will be 3 percent ad valorem. The applicable subheading for the treat bags, when made of polypropylene sheeting, will be 3923.29.0000, HTSUS,
  10. 10. 10 which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of other plastics. The rate of duty will be 3 percent ad valorem. 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/. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N006840 March 15, 2007 CLA-2-48:RR:NC:2:234 CATEGORY: Classification TARIFF NO.: 4820.10.2020; 9503.00.0080; 9505.90.4000 Ms. Senta Schreiber BDG International Inc. 840 Tollgate Rd. Elgin, IL 60123 RE: The tariff classification of a notepad and pencil set, a toy spy kit and notepad party favors from China Dear Ms. Schreiber: In your letter dated February 6, 2007, which was received in our office of February 13, 2007, you requested a tariff classification ruling. The ruling was requested on behalf of your client, Solo Cup Operation Corp. Samples of three products were submitted to be classified. The first product is a notepad and pencil set, labeled "019133 CardNit – Notepad & Pencil." The sample consists of a 4" x 6" notepad of 50 white pages printed with playing card symbols along the top and bottom border. A 6" long pencil is packed alongside the notepad in a sealed plastic wrap with a store hanger. The notepad and pencil, which will be used together, constitute "goods put up in sets for retail sale." The essential character of the set is imparted by the notepad. The applicable subheading for the notepad and pencil set, described above, will be 4820.10.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for memorandum pads, letter pads and similar articles, of paper or paperboard. The rate of duty will be free. The second product is a toy spy kit, labeled "01-0068 Spy Kit Favors." The sample consists of one 3-1/2" long pen, one 2-3/4" x 4-1/2" notepad with a picture of a spy on the cover and one plastic magnifying glass. The articles are put up in a blister pack with a printed paperboard backing and have the essential character of toys. The applicable subheading for the toy spy kit, described above, will be 9503.00.0080, HTSUS, which provides for other toys. The rate of duty will be free. The third product is a package of four notepads, labeled "01-0237 My Horse Notepad." The sample consists of four 3" x 3" pads each containing twenty sheets of paper with a printed picture of a horse on the cover sheet. The notepads are packed in a blister package with a printed paperboard backing and prominently identified as "Party Favors." The mini notepads meet the description of party favors, in that they are souvenir trinkets, of little value, not intended for long-term use, packaged in a group of four and sold as party favors. The applicable subheading for the notepad party favors, described above, will be 9505.90.4000, HTSUS, which provides for confetti, paper spirals or streamers, party favors and noisemakers. 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/. 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 Carl Abramowitz at 646-733-3037. Sincerely,
  11. 11. 11 Robert B. Swierupski Director, National Commodity Specialist Division N006844 March 9, 2007 CLA-2-39:RR:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3919.90.5060; 9609.90.8000 Ms. Senta Schreiber BDG International Inc. 840 Tollgate Road Elgin, IL 60123 RE: The tariff classification of the Toddler Hospitality Kit and crayons from China. Dear Ms. Schreiber: In your letter dated February 6, 2007, on behalf of Solo Cup Operating Corp., you requested a tariff classification ruling. The Toddler Hospitality Kit consists of a disposable plastic placemat that is printed with a design that can be colored in, 4 triangular shaped crayons, and an individually wrapped Sani-Hands antimicrobial alcohol gel hand wipe. You state in your letter that the placemat is made of paper, but the sample is made of plastic sheeting. The plastic placemat is self-adhesive along the borders so that it can be secured to a tabletop or other flat surface. The placemat, crayons and hand wipe are packaged together for retail sale and will be classified as a set in the tariff provision applicable to the article which imparts the essential character. The essential character is imparted by the plastic placemat. You will also import the crayons separately as a set of four different colored "crayangle" crayons in a paper box. The triangular shape prevents the crayons from rolling off the table. The applicable subheading for the Toddler Hospitality Kit will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics: other: other. The rate of duty will be 5.8 percent ad valorem. The applicable subheading for the crayons, when imported separately from the kit, will be 9609.90.8000, HTSUS, which provides for pencils…crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalks: 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 World Wide Web at http://www.usitc.gov/tata/hts/. You have also requested a ruling for the Baby Hospitality Kit and for a moist towelette. We need additional information before we can classify these items. For the Baby Hospitality Kit provide a breakdown showing individual costs for the plastic placemat, the bib and the Sani-Hands Wipe. For the moist towelette, provide a complete chemical breakdown showing the percentage by weight of each component. The placemat was destroyed during examination. The remaining samples are being returned as you requested. 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 646-733-2023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N011028 June 11, 2007 CLA-2-44:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4412.94.1040; 4412.94.3170 Ms. Senta Schreiber BDG International Inc. 840 Tollgate Rd. Elgin, IL 60123 RE: The tariff classification of laminated wood flooring from Poland Dear Ms. Schreiber:
  12. 12. 12 In your letter, which was received in our office on May 10, 2007, you requested a tariff classification ruling. The request was made on behalf of Tawa Inc. A representative sample and descriptive literature were submitted. The product to be classified, identified as Barlinek flooring, is a laminated wood flooring board measuring 15 mm thick x 207 mm wide x 2200 mm long. It is composed of three layers, laminated together so that the grains of the layers run at angles to each other. The face ply consists of a 3.5 mm thick layer of three edge-glued strips of veneer. The species of the face layer may be beech, oak, birch, maple, ash, cherry or alder. The core consists of 8 mm thick strips of coniferous lumber. The back ply consists of a 3.5 mm thick sheet of a coniferous veneer. The laminated board is tongued and grooved with interlocking shapes along the edges and ends. The face ply is finished with multiple UV hardened acrylic coatings. The applicable subheading for the Barlinek flooring, described above, with a face ply of birch, will be 4412.94.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Plywood, veneered panels and similar laminated wood: Other (than plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness): Blockboard, laminboard and battenboard: With at least one outer ply of nonconiferous wood: Plywood: Not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply: With a face ply of birch (Betula spp.): Other: Other. The rate of duty will be free. The applicable subheading for the Barlinek flooring, described above, with a face ply of beech, oak, maple, ash, cherry or alder, will be 4412.94.3170, HTSUS, which provides for: Plywood, veneered panels and similar laminated wood: Other (than plywood consisting solely of sheets of wood, each ply not exceeding 6 mm in thickness): Blockboard, laminboard and battenboard: With at least one outer ply of nonconiferous wood: Plywood: Not surface covered, or surface covered with a clear or transparent material which does not obscure the grain, texture or markings of the face ply: Other (than with a face ply of birch): Other: Other. The rate of duty will be 8 percent ad valorem. 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/. 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 Paul Garretto at 646-733-3035. The Barlinek flooring with interlocking tongue and grooves may be subject to an ITC exclusion order dealing with certain laminated floor panels. For further information on admissibility please contact your local Customs (CBP) office prior to importation of the goods. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division N017402 September 25, 2007 CLA-2-63:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Senta Schreiber BDG International, Inc. 840 Tollgate Rd. Elgin, IL 60123 RE: The tariff classification of a fabric runner from China Dear Ms. Schreiber: In your letter dated Sept. 17, 2007, on behalf of Solo Cup Operating Corp., of Highland Park, Ill., you requested a tariff classification ruling. The sample which you submitted is being returned as requested. You submitted an item called a runner. It is made of a single layer of spunbonded nonwoven textile fabric. It measures 15’ x 2’ and is meant to be unrolled and used as a "red carpet" indoors or out. It has double-sided adhesive tape assembled to the underside on each end to secure it to the floor or ground. It does not possess the thickness, stiffness, strength or other characteristics of a textile floor covering of Chapter 57, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the spunbonded nonwoven runner will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
  13. 13. 13 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/. 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 Mitchel Bayer at 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division NY L88035 October 20, 2005 MAR-2 RR:NC:N2:221 L88035 CATEGORY: MARKING Ms. Senta Schreiber BDG International Inc. 840 Tollgate Road Elgin, IL 60123 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TRIANGULAR REFLECTIVE SIGNS FROM CHINA Dear Ms. Schreiber: This is in response to your undated letter, received in this office on October 6, 2005, on behalf of Sate-Lite Manufacturing Co., requesting a ruling on the country of origin of reflective caution triangles. The two samples submitted with your letter for review are not marked with any country of origin, but are embossed with the word "Chicago" on each arm of the triangle. 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See 19 CFR 134.35. Two samples were included with your request. Both are reflective warning triangles consisting of three sections riveted together. Each section is molded from orange colored plastic material and contains a reflective red plastic lens. The triangle can be folded so that it is easily stored. One triangle is designed for window mounting and is complete in the condition as imported. The other triangle will be assembled after importation to a base that is weighted with steel shot. You state that the base and all of its components are made in the United States. The window mount reflective triangle is imported in its finished condition, and the ultimate purchaser is the retail customer. The swivel mount reflective triangle that will be assembled onto the U.S. origin base is not substantially transformed as a result of the U.S. processing, and therefore the ultimate purchaser of the imported triangle is the retail customer who purchases the complete triangle with stand. Both styles of imported triangles should 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. The samples are embossed on each segment of the triangles with the words "SATE-LITE CHICAGO." Section 134.46,
  14. 14. 14 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 words "Made in China," "Product of China," or words of similar meaning must appear in close proximity to any references to Chicago. Currently, the signs are marked with instructions and other identifying information in "blind" marking, i.e., in raised letters but not in contrasting color. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 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. In HQ 733940, of October 24, 1991, Customs Headquarters described certain factors that need to be considered in determining if the country of origin marking on an article is conspicuous within the meaning of 19 C.F.R. 134.41 and 19 U.S.C. 1304. Among the factors that should be considered are the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background. No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 C.F.R. 134.41 and 19 U.S.C. 1304. Instead, it is the combination of these factors that determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. The blind printing that appears on the reflective portion of the sign is small and difficult to see. It is not in a contrasting color and does not stand out. Blind marking in this size and in the reflective portion of the sign would not satisfy the country of origin marking requirements. Most of the blind printing that appears on the non-reflective surface is also too difficult to see. Printing in this size is not acceptable unless it is in a contrasting color. The large letters, ranging in size from ¼ inch to ½ inch in height, used for the words "Sate-Lite 711 Chicago" that appear on the bottom segment of each triangle are much more highly embossed and conspicuous. Country of origin marking in this size lettering and in this highly embossed manner would be acceptable marking even if not in a contrasting color. The importer has indicated that the triangles with stands may be marketed in sets of three packaged inside plastic storage containers. Section 134.26 of the Customs Regulations (19 CFR 134.26) provides in pertinent part that if an imported article subject to these requirements is intended to be repacked in retail containers after its release from Customs custody, or if the port director has reason to believe that such article will be repacked after its release, the importer shall certify to the port director that if the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part. 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 Joan Mazzola at 646-733-3023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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