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NY 890293




October 6, 1993

CLA-2-63:S:N:N6:349 890293

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.99.3500

Ms. Flavia Cesare
Mably International, Inc.
14 East 60th. Street
New York, New York 10022

RE: The tariff classification of a draw liner from China.

Dear Ms. Flavia:

In your letter dated September 13, 1993 you requested a classification ruling.

You submitted a rectangular draw liner. The outershell of the liner is made of 100 percent linen woven fabric. It is stuffed with a polyester padding and a corncob filling. All four edges are hemmed and it measures approximately 8-1/4 inches by 21-3/4 inches. Due to the type of stuffing (corncob filling) this particular item may require an import permit. We suggest you contact the U.S. Department of Agriculture, Washington, D.C. 20250, for information on the applicability of these requirements to this item.

The applicable subheading for the draw liner will be 6304.99.3500, 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 other textile material: other: of vegetable fiber (except cotton): other. The duty rate will be 12.8 percent ad valorem.

The draw liner falls within textile category designation 899. Based upon international textile trade agreements, products of China are subject to visa requirements.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 CFR 134.11) states that "...every article of foreign origin (or its container) imported onto the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit...to indicate...the country of origin of the article..."

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Washington, D.C., 20580, for information on the applicability of these requirements to these items.

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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