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NY 812756




August 1, 1995

CLA-2-49:S:N3:234 812756

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.99.8000; 6307.90.9989

Mr. Paul M. Lichstein
Beijing Trade Exchange, Inc.
701 E Street, S.E.
Washington, D.C. 20003-2841

RE: The tariff classification of woven textile fabric "tailgate flags," printed and unprinted, from China; Signs; Caution.

Dear Mr. Lichstein:

In your letter dated July 18, 1995, you requested a tariff classification ruling.

A sample "tailgate flag" was submitted and will be retained for reference. It is a sheet of red woven textile fabric, approximately 12 inches square but with rounded lower corners. The top edge has a hem that holds a metal wire with a protruding center loop intended to function as a hanger for the flag. The other edges of the fabric are bound by stitching.

You advised via telephone that the flags will be sold mainly to lumber companies, which will attach them to the rear of extended truckloads. Although the sample is printed, in bold white lettering, with a company name, you stated that the actual pre- printed versions of the product will be imported bearing only "generic" words, such as "DANGER" or "CAUTION."

The applicable subheading for the woven textile "tailgate flags," when imported printed with generic wording, will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed matter. The rate of duty will be 4.4%.

You also advised, however, that some (perhaps most) of the flags will be imported in plain condition, i.e., the same red fabric articles described above, but without any printing.

The applicable subheading for the unprinted woven textile "tailgate flags" will be 6307.90.9989, HTS, which provides for other (non-enumerated) made-up textile articles. The rate of duty will be 7%.

We note that the sample is not marked with its country of origin. The imported goods, or their immediate containers destined to reach the ultimate purchasers, will be required to be so marked, upon importation into the United States.

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

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