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NY F84396




March 31, 2000

CLA-2-63:RR:NC:TA:349 F84396

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.51.4000

Ms. Julie Gimm
BDP International Inc.
2721 Walker N.W.
Grand Rapids, MI 49504

RE: The tariff classification and marking for a placemat from India.

Dear Ms. Gimm:

In your letter dated March 13, 2000 you requested a classification and marking ruling on behalf of Meijer Inc.

The submitted sample is identified as Style #805415-805425 “Capri Placemats”. The hunter green placemat is made from 100 percent cotton woven fabric. It measures approximately 13.5 x 18.5 inches exclusive of a 1 inch knotted fringe formed by the warp yarns. You indicate in your letter, that this item will be available in other colors. As requested the sample is being returned.

The applicable subheading for the placemat will be 6302.51.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: other. The duty rate will be 7.1 percent ad valorem.

The placemat falls 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.

In your letter, you also ask whether the instant item is properly marked. The placemat is marked with a self adhesive paper label that states the fiber content, "Made in India", the RN number and the washing instructions. This label also includes the UPC bar code and the retail price of the item.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the placemat is the consumer who purchases the product at retail.

Additionally, Section 134.44(b) of the Customs Regulations provides in that if paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

It is the opinion of this office that the self adhesive paper label on the submitted placemat is sufficiently affixed to reach the ultimate purchaser. The label satisfies the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported placemat.

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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