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NY 816155




October 31, 1995

CLA-2-63:R:N3:345 816155

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 5204.20.0000

Ms. Laurie Everill
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of a sewing basket from Thailand.

Dear Ms. Everill:

In your letter dated October 23, 1995, you requested a tariff classification ruling.

The sample submitted is a sewing basket with attached lid, style number ZAO2730. It is made of a cardboard base with wood strips placed at set intervals inside a plastic rim. The exterior sides are covered with 100 percent cotton woven floral fabric with polyurethane fibers padding. The interior of the basket is lined with textile woven fabric. The lid is attached to the body with a metal hinge. The exterior of the lid is padded and covered with the same fabric. The basket also contains in it central compartment, a full-sized removable plastic tray. The tray is designed to hold various sewing accessories. There is a plastic bag which contains spools of thread, needles, safety pins, a paper measuring tape, a plastic thimble and an instruction sheet. The basket is carried by a plastic handle covered with twisted strips of plastic which are considered textile under the Harmonized Tariff Schedules of the United States. It is held closed by a strip similar to the VELCRO brand loop fastener. The sample is being returned as requested.

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

Articles classifiable under subheading 6307.90.9989, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Merchandise which is classifiable per se under subheading 6307.90.9989, HTS, is not subject to visa requirements or quota restraints. However, the sewing thread is not classifiable per se under that subheading. It is only classifiable there by virtue of GRI 3(b); the sewing basket imparts the essential character of the entity. Thus, the sewing thread, which is part of the basket's contents, is subject to visa requirements under subheading 5204.20.0000, HTS, which provides for cotton sewing thread, whether or not put up for retail sale: Put up for retail sale. It falls within textile category designation 200. As a product of Thailand this merchandise is subject to visa requirements based upon international textile trade agreements.

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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5886.

Sincerely,

Roger J. Silvestri
Director

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