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NY F82027




February 11, 2000

CLA-2-63:RR:NC:TA:349 F82027

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.99.6020; 6302.53.0030; 4202.92.3031

T.J. International
210 Anderson Ave.
Winters, CA 95694

RE: The tariff classification of a throw, placemat, table runner, pillowcover and tote bag from Turkey.

Dear Sir or Madam:

In your letter dated January 18, 2000 you requested a classification ruling.

You submitted samples of a throw, placemat, table runner, pillowcover and tote bag. All of the items are stated to be made from 50 percent cotton, 25 percent rayon and 25 percent nylon woven fabric. The fabric is a jacquard weave that features a “kilim” design. Both the throw and placemat have a fringe that is formed by the warp yarns. The throw measures 54 x 74 inches excluding a 4-inch fringe. The placemat measures 13 x 17.5 inches excluding a 1-inch fringe. The other sides are finished with an overlock stitch.

The table runner has two pointed ends and it measures 12 x 70 inches. The edges of the runner are finished with a strip of woven fabric. The pillowcover is sewn on three side with a zipper closure along the fourth. It measures 16 inches square. The tote bag features a double handle and an open top. This bag is designed to contain personal effects during travel. It measures approximately 15.5 x 17.5 inches. As requested the samples are being returned.

Please note, that due to the fact that these items will be constructed from a 50/50 blend of cotton and man-made fibers with the man-made portion consisting of an equal amount of artificial and synthetic fibers, they are classified using Section XI Subheading Note 2(A), Section XI Note 2(A) and (B) and Additional U.S. Rule of Interpretation 1(d) in the case of the tote bag. These items will be classified as if they 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. In those classification where a distinction is made between synthetic and artificial man-made fibers they will first be considered jointly as man-made fibers and then if necessary will be classified in the heading that occurs last in numerical order. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The throw, placemat, tablerunner, pillowcover and tote bag may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than the stated blend they may be reclassified by Customs at that time.

The applicable subheading for the throw and pillowcover will be 6304.99.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: other: other of artificial fibers. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for the placemat and table runner 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 11.9 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.6 percent ad valorem.

The throw, placemat, tablerunner and pillowcover fall within textile category designation 666. The tote bag falls within textile category designation 670. Based upon international textile trade agreements products of Turkey falling in these textile categories are not subject to quota or visa restrictions.

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, 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.

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

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

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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