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NY B84077




May 2, 1997

CLA-2-63:RR:NC:TA:349 B84077

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.40.2010; 6304.91.0020; 5804.30.0020

Ms. Agnes M. Schaffer
Norman G. Jensen, Inc.
3050 Metro Drive
Suite 300
Minneapolis, Minnesota 55425

RE: The tariff classification of doilies, motifs, placemats, tablecloths, and table runners from China.

Dear Ms. Schaffer:

In your letter dated April 2, 1997 you requested a classification ruling on behalf of TSE & Patton Import Export Co.

You submitted samples of two doilies and indicated that you will also import placemats, motifs, tablecloths and table runners made of the same construction as the doilies. All of the items will made from 100 percent cotton crocheted lace. The doilies will be either round, oblong or square and vary in size as follows:

A) Oblong - 6 x 10, 8 x 12, 16 x 36 and 16 x 45 inches B) Round - 2, 4, 6, 8, 12 and 24 inches in diameter C) Square - 36 inches

The 2 inch diameter doilies are considered motifs for tariff purposes. The placemats are rectangular in shape and will measure 16 x 24 inches. The tablecloths are round and will measure 65 inches in diameter. The table runners will measure 16 x 72 inches. In your letter you refer to the 65 inch tablecloths as table tops. For tariff classification purposes table rounds sixty inches or larger are classified as table linen under Heading 6302, HTS. The submitted samples are being returned.

The applicable subheading for the 2 inch motifs will be 5804.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tulles and other net fabrics, not including woven, knitted or crocheted fabrics; lace in the piece, in strips or in motifs, other than fabrics of heading 6002: hand-made lace... of cotton; of man-made fibers. The duty rate will be 14.5 percent ad valorem.

The applicable subheading for the doilies will be 6304.91.0020, HTS, which provides for other furnishing articles, excluding those of heading 9404: bedspreads: other: other... other: knitted or crocheted... of cotton. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for the tablecloths, placemats and table runners will be 6302.40.2010, HTS, which provides for table linen, knitted or crocheted: other... of cotton. The duty rate will be 7.4 percent ad valorem.

The doilies, tablecloths, placemats and table runners fall within textile category designation 369. The 2 inch motifs fall within textile category designation 229. 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.

In your letter you inquire as to the proper marking of these items, 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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