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NY 807027




March 17, 1995

CLA-2-63:S:N:N6:345 807027

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 6211.43.0091; 9817.00.96

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 N. 3rd Street
Pembina, North Dakota 58271

RE: The tariff classification of an "Activity Center and a "Activity Apron" from Canada.

Dear Mr. Jerome:

In your letter dated February 10, 1995, on behalf of Care Ware, Winnipeg, Manitoba, you requested a tariff classification ruling.

The following samples and descriptive literature were submitted:

1. Item R, stock number W620 is an "Activity Center" designed to slip over and fastens to a wheelchair tray. It is made of 65 percent polyester/35 percent cotton quilted woven fabric. The article has various activities sewn on it for the cognitively impaired and physically challenged to touch. Sewn onto the article is a squared shaped textile cloth made of brush knit fabric, a rectangular shaped flap made of brush corduroy fabric with strips similar to the VELCRO brand fastener, a quilted woven fabric with metal grommets with a textile braided cord laced through the grommets, a flannel fabric with plastic button that open and close, and a rounded shaped pile fabric.

2. Item S, stock number W625, is an "Activity Apron" designed to be fastened around the waist. Sewn onto the article is the same items that appears on the "Activity Center".

In addition, you requested marking requirements. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin or their containers imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The method of markings as indicated on the article, a textile label sewn to one side of the articles are acceptable.

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.

The applicable subheading for Item R, stock number W620, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other, other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for Item S, stock number W625, will be 6211.43.0091, HTS, which provides for track suits, ski- suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, other. The rate of duty will be 16.9 percent ad valorem.

The "Activity Center" and "Activity Apron" described above are eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons...Other, in subheading 9817.00.96, HTS. All applicable entry requirements must be met including the filing of form ITA-362P

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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