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NY D83795





November 9, 1998

CLA-2-63:RR:NC:TA:349 D83795

CATEGORY: CLASSIFICATION

TARIFF NO.:6302.60.0030; 6302.93.1000; 6302.99.2000

Ms. Helen Newell
Polardreams International Ltd.
602 W. Burlington
Fairfield, IA 52556

RE: The tariff classification of various bath mitts and back scrubbers from China.

Dear Ms. Newell:

In your letter dated October 19, 1998 you requested a classification ruling.

Sample E is an oval bath sponge. The front portion of the sponge is made from ramie fabric. The sides and back will be made from either cotton or man-made fiber terry fabric. The sponge is filled with a solid piece of foam. The back portion of the sponge has a terry fabric strap. This item is used in the bath as an exfoliator. The essential character of this sponge is imparted by the ramie fabric.

Sample A, B and C, are back scrubbers. Sample A is made entirely from 100 percent sisal. Sample B is comprised of a piece of foam which is covered with knit terry fabric. The terry fabric will either be made from cotton or man-made fiber. One side of this scrubber features a sisal fabric overlay which covers less than half of that side. Sample C is also comprised of a piece of foam which is covered on one side with a sisal fabric and on the other side with a knit terry fabric. The terry fabric will either be cotton or man-made fiber. Two sides of sample B and C are finished with woven binding fabric. All three scrubbers are rectangular in shape and feature two textile loops at each end. These items are used during bathing as an exfoliator. The essential character of Sample C is imparted by the sisal side while that of Sample B is imparted by the terry fabric.

Sample D, is a bath mitt made from 100 percent sisal. It features an opening on the bottom used to accommodate the insertion of a hand. This item is used during bathing as an exfoliator. The samples are being returned as requested.

The applicable subheading for Sample B if made from cotton will be 6302.60.0030, Harmonized Tariff Schedule of the United States (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... other. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for Sample B if made from man-made fibers will be 6302.93.1000, HTS, which provides bed linen, table linen, toilet linen and kitchen linen: other: of man-made fibers: pile or tufted construction. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for Samples A, C, D and E will be 6302.99.2000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of other textile materials: other. The duty rate will be 9.1 percent ad valorem.

Samples A, C, D and E fall within textile category designation 899. Sample B if made from cotton falls within textile category designation 369 and if made from man-made fiber falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products from China which fall within textile category 899 are only subject to 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 John Hansen at 212-466-5854.

Sincerely,

Robert B. Swierupski
Director,

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