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NY 818573




February 9, 1996

CLA-2-63:RR:NC:TP:349 818573

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000; 6302.60.0010; 6303.91.0000; 6307.90.8945; 6211.42.0081

Ms. Purificacion Abustan
Homemaker Industries
295 5th. Avenue
New York, NY 10016-7186

RE: The tariff classification of an oven mitt, pot holder, toaster cover, dish towel, tab valance, balloon valance, chairpad and apron from India.

Dear Ms. Abustan:

In your letter dated January 23, 1996 you requested a classification ruling.

You submitted an apron, oven mitt, pot holder, toaster cover, dish towel, tab valance, balloon valance, and chairpad. The outershell of the oven mitt, pot holder and toaster cover are made of 100 percent cotton woven fabric shell with a filler. The oven mitt measures approximately 5-1/2 by 13 inches. The palm and thumb are of quilted construction and the front has a floral design and the back a stripe design. In addition, the bottom is finished with a thin strip of capping, and there is a small loop with a wooden ring used to hang the mitt on a hook.

The potholder measures approximately 8 inches square. The edges are capped with a thin strip of peach fabric. There is a loop on the side of one edge used to hand the potholder. It is of quilted construction and the front fabric is printed in a floral design and the back with stripes.

The toaster cover is dome shaped, and measures approximately 10 by 13 inches. It is white in color and both the front and the back contain floral design. The bottom is open to facilitate the insertion of a kitchen appliance. There is a small loop on the top.

The submitted dish towel measures approximately 16 x 26 inches and is made of 100 percent cotton terry toweling fabric. All four edges are hemmed. The front of the towel has uncut loops and contains a printed floral design. The back is solid white with sheared loops.

Both the balloon valance and the tab valance are made of 100 percent cotton woven fabric. The fabric is printed in a floral design. The top portion of the tab valance has 9 tabs with a button closure.

The cushion shell is made of 100 percent cotton woven fabric and it measures approximately 17 x 18-3/4 inches. It is comprised of two pieces of fabric sewn together along three sides with a 6 inch opening on the fourth. There are two fabric ties at the edge of the shell which will be used to attach the finished cushion to a chair.

The apron is made of 100 percent cotton woven fabric. The garment covers the entire front of the torso and has a textile strap that extends around the neck and a tie fastener at the waist. There is a pocket on both sides at the front.

The applicable subheading for the oven mitt, potholder and toaster cover 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 percent ad valorem.

The applicable subheading for the dish towel will be 6302.60.0010, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton... towels: dish. The rate of duty will be 10.1 percent ad valorem.

The applicable subheading for the tab valance and balloon valance will be 6303.91.0000, HTS, which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of cotton. The rate of duty will be 11.4 percent ad valorem.

The applicable subheading for the cushion shell will be 6307.90.8945, 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... pillow shells, of cotton. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the apron will be 6211.42.0081, HTS, which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls: other. The rate of duty is 8.5 percent ad valorem.

The ovenmitt, potholder, toaster, dish towel, tab valance, balloon valance and the shell fall within textile category designation 369. The apron falls within textile category designation 359. Based upon international textile trade agreements products of India are subject to the requirement of a visa. The apron and dish towel are subject to both visa and quota requirements.

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 Part 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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