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August 11, 1999

CLA-2-56:RR:NC:TA:350 E82258

CATEGORY: CLASSIFICATION

Mr. Bob Weatherly
Quest Cotton Products
Empress Mill, Empress Street
Old Trafford, Manchester MI6 9EN
England

RE: Classification, quota status and marking determination for cotton swabs produced in Korea and re-packaged in China, before being exported to the United States.

Dear Mr. Weatherly:

In your letter dated July 9, 1999, and subsequent fax of July 30, 1999, you requested a classification, marking and quota determination for multi-use cotton swabs produced in Korea and re-packaged in China, before being exported to the United States.

While no samples were supplied, the cotton swabs consist of a plastic stem measuring about 72 mm in length which includes a cotton wadding affixed to each end. Your letter and fax states that these swabs will be produced in Korea where they will be bulk packed loose in a carton (approximately 10,000 units) and then shipped to your packaging facility in China where they will be re-packed into retail units (i.e., blister packs containing 300 per pack when complete).

The applicable subheading for the cotton swabs will be 5601.21.0090, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for ... articles of cotton wadding. The duty rate is 5.4 percent ad valorem. Textile category 369 applies.

Customs Regulation 102.17 delineates non-qualifying country of origin operations. The country where goods are solely repackaged would not be considered as the country of origin of these goods, as with your cotton swabs.

Therefore, these swabs are considered a product of Korea and, as such, are not currently subject to any kind of textile restraints (quota or visa).

Acceptable marking would be “Made in Korea”, Packed in China.

Please be aware that in the future, a local commodity specialist team may request that you substantiate any claims you make concerning origin and subsequent packaging to make sure they conform to all applicable regulations.

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 this ruling, contact National Import Specialist George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director

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