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NY 803897




November 22, 1994

CLA-2-63:S:N:N6:349 803897

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000; 8505.19.0000

Ms. Jean Aiello
Wilson UTC, Inc.
Hemisphere Building #304
Route 1 & 9 South
Newark, NJ 07114

RE: The tariff classification of wall hangings and a magnet from China.

Dear Ms. Aiello:

In your letter dated November 4, 1994, on behalf of your client Town & Country Linen Corp., you requested a classification ruling.

You have submitted samples consisting of two types of wall hangings and a magnet. One of the wall hangings is identified as Kenzie, style #14713-WW. This article has a plastic foam filling and it is covered with a woven chief weight cotton fabric. The fabric is printed with a doll-like figure on the front. A small looped ribbon is attached to the top. The other wall hanging is identified as Garden Mouse, style #14855-WW. It is composed of a woven chief weight cotton fabric. This article has a mouse design printed on the front, surrounded by a checkered border. There is a bow attached to each corner of the wall hanging. A looped string will be attached to the top.

The circular magnet is attached to an oval textile decoration which is composed of a plastic foam filling covered with a 100 percent cotton woven fabric. This article has a pictorial design of a chicken on the nest printed on the front.

The applicable subheading for the wall hangings identified as Kenzie, style #14713-WW and Garden Mouse, style #14885-WW, 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 duty rate will be 7.2 percent ad valorem.

The applicable subheading for the magnet will be 8505.19.0000, HTS, which provides for electromagnets; permanent magnets and articles intended to become permanent magnets after magnetization; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof: permanent magnets and articles intended to become permanent magnets after magnetization: other. The duty rate will be 4.9 percent ad valorem.

Styles #14713-WW and #14855-WW, fall within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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.

You have asked about the labelling of these items. Section 134.11 of the Customs regulations (19 C.F.R. 234.11) provides in part:
Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

These three items are marked with a small self adhesive paper sticker which contains the words "Made in China". This label is acceptable for the country of origin marking purposes.

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 this item.

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
New York Seaport

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