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NY A87289




October 8, 1996

CLA-2-56:RR:NC:TA:350 A87289

CATEGORY: CLASSIFICATION

TARIFF NO.: 5601.22.0010

Ms. Regina M. Bernard
Hasbro, Inc.
1027 Newport Avenue
P.O. Box 1059
Pawtucket, Rhode Island 02862-1059

RE: The tariff classification of 100% polyester batting (wadding) from China.

Dear Ms. Bernard:

In your letter dated September 3, 1996, you requested a classification ruling.

The submitted sample consists of a product described as a batting composed of 100% polyester man-made fibers. You write that this material will be imported in polybags containing 1 gram units, each, which will go into a few of your products. However, you did not specify the use or nature of these products nor how this material will be used.

No method of manufacture was supplied. The single sample received appeared in poor condition with a rather loose assemblage of fibers, easily separated, and in somewhat of a square or rectangular shape of approximately 2.5 to 3 inches. The sample had an actual (an informal laboratory) weight of 0.7091 grams. We will assume, based on the condition in which it was received, that the representative sample was cut into a square or rectangle from a large roll of carded wadding or batting. Unless there is information to the contrary, we will consider that actual shipments will be similarly made and shipped.

Since the sample was ostensibly destroyed in examination we will not return the remainder, as you request, but keep it for possible future reference.

The applicable subheading for the material will be 5601.22.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for wadding, of man-made fibers, ... in the piece. The duty rate will be 11.3 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of China 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.

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 George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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