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NY F87898




June 21, 2000

CLA-2-46:RR:NC:2:230 F87898

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Ms. Irene Kwok
CDP Asia Ltd.
26/F., Tower A, Southmark
11 Yip Hing Street
Aberdeen, Hong Kong

RE: The tariff classification of a loofah bath sponge from China

Dear Ms. Kwok:

In your letter dated April 25, 2000, which was received in this office on June 4, 2000, you requested a tariff classification ruling.

The ruling was requested on a loofah bath sponge, your item number C-51845. A sample of the product to be classified was submitted. It consists of a natural loofah sponge cut to size, measuring approximately 5 inches long.

The applicable subheading for the loofah bath sponge will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of loofah. The rate of duty will be 2.3 percent ad valorem.

No additional duties, such as countervailing or antidumping duties, are applicable for this product.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of the article.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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