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NY A83749


May 31, 1996

CLA-2-63:RR:NC:TP:349 A83749

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.53.0020; 6302.53.0030

Ms. Astra Galins

CYRK, Inc.

3 Pond Road

Gloucster, MA 01930

RE: The tariff classification of a placemat and napkin from China.

Dear Ms. Galins:

In your letter dated May 13, 1996 you requested a classification ruling. This replaces the letter we sent to you on May 31, 1996.

The submitted samples are a red and white checkered design placemat and napkin. Both items are made of a woven blend of 50 percent cotton and 50 percent polyester fabric. The placemat has a 100 percent polyester filler. The rectangular placemat measures 12 x 17 inches and the napkin measures 18 inches square. Due to the fact both the placemat and napkin are to be constructed of a 50/50 blend of fibers, it is to classified on the basis of General Rule of Interpretation 3(c) of the classification principles. Even a slight change in the fiber content may result in a change of classification, as well as , visa and quota requirements. The placemat and napkin may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time. The samples are being returned.

The applicable subheading for the napkin will be 6302.53.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of man-made fibers... tablecloths and napkins: other. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for the placemat will be 6302.53.0030, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of man-made fibers... other. The duty rate will be 12.5 percent ad valorem.

Both items fall within textile category designation 666. 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.

The submitted samples are not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. ยง134.11) provides in part:

Unless excepted by law...every article of foreign origin(or its container) imported into the U.S. shall
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,


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