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NY B84793




May 21, 1997

CLA-2-63:RR:NC:TA:349 B84793

CATEGORY:CCLASSIFICATION

TARIFF NO.:6302.60.0030; 6301.40.0020; 6302.60.0020; 6301.30.0010; 6302.21.7020; 6302.31.7020; 9404.90.2000

Mr. Jeffrey W. Holt
Sault Ste. Marie Tribe
Economic Development Commission
523 Ashmun Street
Sault Ste. Marie, Michigan 49783

RE: The tariff classification of washcloths, blankets, bath towel, receiving blankets, crib sheets and changing pads from Canada.

Dear Mr. Holt:

In your letter dated April 18, 1997 you requested a tariff classification ruling.

The submitted washcloths are constructed from 80 percent cotton and 20 percent polyester knit terry toweling fabric. They are retail packed 4 to a package, and measure approximately 10 inches square.

The two fleece blankets are constructed from 100 percent knit polyester fabric. One blanket measures 32 x 45 inches and it has a strip of woven printed fabric to bind the top edge. The remaining edges are finished with an overlock stitch. The other blanket measures 32 x 40 inches and the edges are finished with an overlock stitch.

The hooded bath towel is made from 80 percent cotton and 20 percent polyester knit terry toweling fabric. It measures approximately 27 x 29 inches and the edges are finished with an overlock stitch. One corner of the towel has a triangular piece of fabric forming a pocket. This pocket is used as a hood to cover an infant's head after a bath, while the rest of the towel is used to dry off or to cover the infant.

The submitted receiving blankets are constructed from 100 percent cotton flannel fabric. They measure 30 inches square and all four edges are finished with an overcast stitch. The fabric is printed with various animal designs. They are retailed packaged in a pack of 5, 2 and a single.

The fitted crib sheets are made from 100 percent cotton woven fabric. The fabric is slightly napped on both sides. One sheet is plain and the other is printed with puppies. All four edges are finished with an overcast stitch.

The changing pads are comprised of a vinyl upper portion, a polyfiller and a man-made fiber back. the edges are finished with an overcast stitch and quilt stitching extends through all three layers of the pad. The vinyl has a clown design on it. One pad measures 17 x 24 inches and the other 17 x 35 inches.

The applicable tariff provision for the washcloths will be 6302.60.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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: other. The general rate of duty will be 9.9 percent ad valorem.

The applicable tariff provision for the blankets will be 6301.40.0020, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers... other. The general rate of duty will be 11.6 percent ad valorem.

The applicable tariff provision for the hooded towel will be 6302.60.0020, 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: other. The general rate of duty will be 9.9 percent ad valorem.

The applicable tariff provision for the receiving blankets will be 6301.30.0010, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton... woven. The general rate of duty will be 9.2 percent ad valorem.

The applicable tariff provision for the printed fitted crib sheet will be 6302.21.7020, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen, printed: of cotton: other: napped... sheets. The general rate of duty will be 6.1 percent ad valorem.

The applicable tariff provision for the plain fitted crib sheet will be 6302.31.7020, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: other: napped... sheets. The general rate of duty will be 6.5 percent ad valorem.

The applicable tariff provision for the changing pad will be 9404.90.2000, HTS, which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other. The general rate of duty will be 6 percent ad valorem.

Several of the submitted samples are not marked with their 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 CFR 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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