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NY C80273




October 16, 1997

CLA-2-49:RR:NC:SP:234 C80273

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.4040

Ms. Lori Murphy
US JHI Corporation
8612 Fairway Place
Middleton, WI 53562

RE: The tariff classification of a printed, decorative textile article from China.

Dear Ms. Murphy:

In your letter dated September 30, 1997, you requested a tariff classification ruling.

A sample identified as "Bunny Thoughts" was submitted and will be retained for reference. An 8" x 9" textile article resembling a potholder, the item is made of woven polyester/ cotton fabric which encases an unidentified filler. The fabric on the front side has been printed with a picture, captioned with a cheerful thought, of a rabbit looking out a sunny window.

The reverse side features a removable cardboard back slipped into four corner pockets provided to hold it in place. The cardboard back incorporates a folding easel-type stand which allows the article to be displayed on a shelf, desk or the like. Alternatively, the back may be removed to expose a small plastic loop, which has been sewn onto the fabric to facilitate hanging the item on a wall.

This product's construction and design suggest that it is intended only for decorative display. Your letter indicates that it will also be supplied in a 12" x 8" version.

The applicable subheading for the printed "Bunny Thoughts" displays will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed pictures, designs and photographs. The rate of duty will be 2.2%.

We note that the sample is not marked with its country of origin. When imported into the United States, each item (or, if applicable, its immediate container destined to reach the ultimate purchaser) will be required to be so marked, e.g., "Made in China." Such marking must be legible, in a conspicuous place, and sufficiently permanent to reach the ultimate purchaser.

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 Carl Abramowitz at 212-466-5733.

Sincerely,

Robert B. Swierupski

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