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NY F80695




January 5, 2000

CLA-2-63:RR:NC:TA:349 F80695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000; 6304.93.0000; 6211.42.0081

Ms. Lori Powell
USF Worldwide
138-01 Springfield Boulevard
Jamaica, NY 11413

RE: The tariff classification of potholders from India and oven mitts and an apron from Mexico.

Dear Ms. Powell:

In your letter dated November 26, 1999 you requested a classification ruling on behalf of John Ritzenthaler Co.

You submitted samples of potholders, mitts and an apron. Style number 327 is a potholder made from 100 percent cotton terry fabric. It measures 7 inches square and the edges a finished with a strip of woven fabric. One corner has a small hang loop.

Style number 353 is a quilted potholder made from 100 percent cotton woven fabrics. One side is made from a terry fabric and the other side from a twill fabric. It measures 7 inches square the edges are finished with a thin strip of fabric. There is a small loop on one side used to hang the potholder.

Style number 425 is a pocket mitt comprised of two pieces of fabric sewn along the edges. The mitt is made from 100 percent cotton terry fabric. The back portion of the mitt features a slit opening used to insert your hand. The mitt measures 7.5 x 8 inches. There is a small loop on the side used to hang the mitt.

Style number 527 is a quilted thumb oven mitt. The mitt is made from 50 percent cotton and 50 percent polyester woven fabric. The oven mitt measures approximately 6.5 x 12 inches. The bottom of the mitt features an opening that is finished with a thin strip of capping. There is a small loop on the side used to hang the mitt. Please note, that due to the fact that Style no. 527 will be constructed from a 50/50 blend of fibers, it is classified using Section XI Subheading Note 2(A) and Section Note 2(A). The mitt will be classified as if it consisted wholly of that one textile material which is covered by the heading that occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. Style no. 527 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 they may be reclassified by Customs at that time.

Style number 705 is a bib apron is made from 100 percent cotton woven fabric. The garment covers the entire front of the torso and has a textile strap that extends around the neck and a tie fastener at the waist. There is a pocket on both sides at the front.

The applicable subheading for Style nos. 327, 353 and 425 will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The general duty rate will be 6.7 percent ad valorem.

The applicable subheading for Style no. 527 will be 6304.93.000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The general duty rate will be 9.8 percent ad valorem.

The applicable subheading for Style no. 705 will be 6211.42.0081, HTS, which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton...other. The general duty rate will be 8.4% ad valorem.

You have indicated that style nos. 327 and 425 will be made in India and that style nos. 705, 527 and 353 will be made in Mexico. Style nos. 327 and 425 fall within textile category designation 369. Based upon international textile trade agreements products of India are subject to the requirement of a visa.

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 John Hansen at 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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