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NY F88356




June 20, 2000

CLA-2-70:RR:NC:2:226 F88356

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.90.5050

Mr. Cordell Harges
Hot Shield USA, Inc.
14962 Bear Valley Rd.
Suite G-112
Victorville, CA 92392

RE: The tariff classification of a glass fiber article from China

Dear Mr. Harges:

In your letter dated May 20, 2000, you requested a tariff classification ruling regarding various products. However, in order to expedite your ruling request, each product will be addressed separately. The “Rescue Me Baby Bag” (Style #1A and #2A) will be the subject of this ruling.

You indicated in your letter that the “Rescue Baby Bag” is a large duffle style bag that consists of an aluminized fiberglass outer shell and a thermal quilted synthetic fiber inner liner.

You stated in your letter that this item will be used by firefighters to protect small children and infants in the event of a fire.

The essential character of this article is represented by the aluminized fiberglass outer shell.

The applicable subheading for the glass fiber article will be 7019.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics): other: other: other. The rate of duty will be 4.3 percent ad valorem.

In your presentation, you also inquire as to the “labeling”, (i.e., marking) guidelines of this product. The sample you submitted is not marked with the 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 this item.

This merchandise may be subject to Consumer Product Safety Commission (CPSC) flammability fabric standards. You are advised to contact the Consumer Product Safety Commission, Washington, D.C. 20207-0001 (or your local CPSC office) to determine if the article complies with pertinent safety standard regulations.

A sample of the markings to be used should be submitted to the Import Specialist at the intended port of entry for approval.

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

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