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NY 817099




December 18, 1995

CLA-2-63:RR:NC:TP:349 817099

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.8910

Mr. Mark Shapiro
Uniform Recycling, Inc.
1981 Hammondville Road, Bay 22
Pompano Beach, FL 33069

RE: The tariff classification of surgical towels from Egypt.

Dear Mr. Shapiro:

In your letter dated November 29, 1995 you requested a classification ruling.

The submitted samples are blue surgical towels. These towels are made of 100 percent cotton huck weave fabric. One towel measures approximately 17 x 27 inches and the other one measures 13 x 27 inches. Three edges of both towels are hemmed and the fourth is selvedge. In your letter, you indicate that it is your intention to sell these "towels" as wiping cloths. The towels are stamped with your company's name, city, state, and the word "wiping cloth". However, these towels are made of a cotton huck weave fabric, a fabric which is noted for its lint free characteristics, aid in absorption, and high construction associated for use in hospital surgical rooms. Although you state that these towels have been rejected as not of sufficient quality to be used in surgery, the towels are still considered surgical towels and will be classified as such.

The applicable subheading for the surgical towels will be 6307.90.8910, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton. The duty rate will be 7 percent ad valorem. The rate will remain the same for 1996.

The towels falls within textile category designation 369. Based upon international textile trade agreements products of Egypt are subject 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. 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.

The submitted samples are not marked with their country of origin. As noted above, you have indicated that the towels will be stamped with your company's name and U.S. location. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

It should also be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act.

Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, 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 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 John Hansen at 212-466-5854.

Sincerely,

Roger J. Silvestri
Director

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