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May 5, 1999

CLA-2-63:RR:NC:TA:352 E81351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Juan Dominguez
Wal-Mart Stores Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a non-woven dust mask from China.

Dear Mr. Dominguez:

In your letter dated April 26, 1999 you requested a tariff classification ruling. The sample submitted is being returned as you requested.

The submitted sample, designated as style # MF-112, is a dust mask manufactured from polypropylene non-woven textile fabric. It features a thin strip of flexible metal glued near one edge of the mask that facilitates the shaping of the mask to the contours of the wearerÂ’s face. The face mask is oval in shape, is characterized by a series of pleats to ensure adequate fit and measure approximately 5.5" X 4". A thin elasticized band has been stapled to the mask which facilitates a snug fit. The mask is designed to screen out non-toxic dust and other particulate matter. It is not suitable for use in a toxic environment where the wearer may be exposed to hazardous substances.

The applicable subheading for the dust mask will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...other, other, other, other, other. The rate of duty will be 7 percent ad valorem.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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