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NY A85097




July 12, 1996

CLA-2-63:RR:NC:TP:349 A85097

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Mr. Nimesh Doshi
4920 East La Palma Avenue
Anaheim, CA 92808

RE: The tariff classification of a refrigerator door handle cover from Malaysia.

Dear Mr. Doshi:

In your letter dated June 18, 1996 you requested a classification ruling.

You submitted two handle covers which may be used on the door handles of a refrigerator or a microwave. The covers will be made in either 50 percent cotton and 50 percent polyester woven fabric or 65 percent polyester and 35 percent cotton woven fabric. They are filled with a solid piece of plastic foam or they may be filled with a polyester batting. The woven fabric is printed in a floral pattern. There is a textile bow sewn to the front portion. The articles measure approximately 5-1/2 by 7-1/2 inches. They wrap around the handle and are secured by means of a "VELCRO" type closure. The covers act as a decorative addition to the kitchen as well as keeping the handles clean.

Please note, the handle covers constructed of a 50/50 blend of fibers, are classified on the basis of General Rule of Interpretation 3(c) of the classification principles. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The handles may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than a 50/50 blend they may be reclassified by Customs at that time.

The applicable subheading for the handle covers will be 6304.93.0000, 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 synthetic fibers. The duty rate will be 10.3 percent ad valorem.

The covers fall within textile category designation 666. Based upon international textile trade agreements products of Malaysia are subject to quota and 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 sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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