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NY E85657




August 25, 1999

CLA-2-42:RR:NC:TA:351 E85657

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4911.99.6020; 6002.43.0080

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of Canopy of Colors dancing scarves from China

Dear Mr. Reynolds:

In your letter dated August 10, 1999, you requested a classification ruling on behalf of Sportime LLC.

You submitted a representative sample of the merchandise that is to be imported. It consists of a cotton bag, knit squares of fabric and instruction cards.

The two handled cotton tote or shopping bag has the logo “Dancing Colors” printed on the bag, along with the company name “Sportime” and the United States address. This particular bag has a sewn in label stating that it was made in India. As your letter states that you are sourcing this merchandise from China, we will assume that the bag is a prototype and that the actual merchandise to be imported will be made in China. The bag measures approximately 15 by 16 inches and will be used to hold and carry the fabric and instruction cards.

A set of scarves is packed inside each bag. The scarves are knitted squares of material of man-made fiber with no hems or finished edges. The material appears to be of warp knit construction. The fabric is very light and diaphanous and easily “floats” when tossed into the air. You state that these scarves will be imported in two styles, one called “Dancing Colors” and the other “Canopy of Colors”. Each style will consists of a varied number of different colored scarves in various sizes. The scarves will range in measurement from 27 by 36 inches up to 9 feet square.

Also enclosed in each bag will be printed cards giving illustrations and directions on the use (s) of these scarves. You further state that the entire item will be packaged in a polyethylene bag for retail sale.

The applicable subheading for the cotton shopping bag/tote will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesshopping bagswith outer surface of sheeting of plastic or of textile materials, with outer surface of textile materials, of vegetable fibers and not of pile or tufted constructions, of cotton. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the instruction cards will be 4911.99.6000, HTS, which provides for other printed matter, other, other, other, printed on paper in whole or in part by a lithographic process. The duty rate will be 0.2 percent ad valorem.

The applicable subheading for the knit fabric squares will be 6002.43.0080, HTS, which provides for other knitted or crocheted fabrics, other fabrics, warp knit, of man-made fibers, other, other. The duty rate will be 12 percent ad valorem.

The cotton bag falls within textile category designation 369. The knit fabric falls within textile category designation 222. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The sample bag that you submitted is marked on the outside with the name and address of the importer. The country of origin does not appear on the outside of the bag. Section 134.11 of the Customs Regulations states, in part:

“In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in the article was manufacture or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.”

The bag must either be marked in close proximity to the U.S. address with the country of origin of the goods, or such U.S. geographic marking must be removed from the bag(s).

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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