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NY 890228



September 28 1993

CLA-2-62,63,42:S:N:N5:353 890228

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6304.92.0000, 6304.93.0000, 4202.92.3040

Ms. Elizabeth B. Beauchamp
E.B. Beauchamp
5347 Bowmanville
Chicago, IL 60625

RE: The tariff classification of an apron, pot holder, totebag and cocktail napkins from Mexico.

Dear Ms. Beauchamp:

In your letter dated September 9, 1993, on behalf of Anne Marie Sturemark, you requested a tariff classification ruling.

The submitted samples with your request are an apron, pot holder, tote bag and cocktail napkins. The apron consists of acrylic fabric with embroidery trim. The item covers the area from waist to mid-thigh, it ties around the waist and has three pockets with embroidery at the bottom. The pot holder consists of cotton fabric, with a daisy pattern and measures 6 inches square. The cross stitched cocktail napkin measures approximately 5 1/2 inches square with a selvage edge. The embroidered cocktail mapkin (white on white) consists of cotton fabric and measures approximately 4 1/2 by 5 1/2 inches, with embroidery bordering two sides of the napkin. The tote bag, no style number indicated, is an embroided double handle, open top tote bag said to be constructed of 70 percent by weight of wool fabric. The carrying handle and the top portion of the bag is constructed of leather. The bag measures approximately 13 inches by 14 inches.

The applicable subheading for apron will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: Of man-mde fibers, other, other. The rate of duty will be 17 ad valorem.

The applicable subheading for the pot holder and cocktail napkin (white on white) will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of cotton. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the cocktail napkin (cross stitched) will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles,...Not knitted or crocheted, of synthetic fibers. The rate of duty will be 10.6 percent ad valorem.

Textile Mill products from Mexico classified in subheading 6304.92.0000 and 6304.93.0000 are subject to countervailing duty Case C-201-405.

The applicable subheading for the tote bag will be 4202.92.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases...travel, sports and similar bags, with outer surface of textile materials, other, other, other. This product is subject to the Wool Labeling Act.

The apron falls within textile category designation 659; the pot holder and cocktail napkin (white on white) 369 and the cocktail napkin (cross stitched) 666. Based upon international textile trade agreements, products of Mexico are not suject to quota restraints however a visa is required.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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