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NY A85046




July 9, 1996

CLA-2-63:RR:NC:TP:349 A85046

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.51.2000

Mr. Nayan Dalal
Mangal Exports
135 Green St. #302
Woodbridge, NJ 07095

RE: The tariff classification of a napkin from India.

Dear Mr. Dalal:

In your letter dated June 20, 1996 you requested a classification ruling.

You submitted a napkin made of 100 percent cotton woven fabric. Although referred to as "denim" the fabric is of a plain woven construction. All four edges are hemmed and the napkin measures approximately 17 inches square.

The applicable subheading for the napkin will be 6302.51.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: tablecloths and napkins: other: plain woven. The duty rate will be 5.4 percent ad valorem.

The napkin falls within textile category designation 369. Based upon international textile trade agreements products of India 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. The 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.

In your letter, you also ask whether the instant item is properly marked. The napkin is marked with a self adhesive label which states the fiber content, "Made in India", the RN number and the washing instructions.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the napkin is the consumer who purchases the product at retail.

Additionally, Section 134.44(b) of the Customs Regulations provides in that if paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

The self adhesive label on the submitted napkin satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported napkin. 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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