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NY F89482




July 28, 2000

CLA-2-63:RR:NC:TA:349 F89482

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.99.2000; 6304.92.0000; 4202.92.4500

Ms. Karen Kuza
The MarMaxx Group
770 Cochituate Road
Framingham, Massachusetts 01701

RE: The tariff classification of a body scrubber, textile tray and bag from China.

Dear Ms. Kuza:

In your letter dated July 5, 2000 you requested a classification ruling.

You submitted three samples. One sample is a body scrubber. It is comprised of a piece of plastic foam that is covered with a textile. The front portion of the outer shell is made from sisal fabric and the back is made from 92 percent cotton and 8 percent polyester terry fabric. A four centimeter wide terry fabric strap is sewn across the back portion of the scrubber. The sisal side provides the essential character of this exfoliating scrubber.

The second sample, referred to as a “table tidy”, is a textile tray. It is made from a floral printed 100 percent cotton woven fabric that covers cardboard panels and plastic foam. The panels form the sides and bottom of the tray. The layers are sewn along the edges of the cardboard panels creating folding joints along each panel and its adjoining panel. It has a set of tie strings at each corner. The tray is rectangular in shape measuring approximately 8 x 11 inches, with a 3 inch high rim at each edge. The tray measures approximately 13 x 17 inches in its collapsed or unassembled state. You note that the “table tidy” will be imported as part of a retail set. Without a sample of the set in its imported condition, we are unable to provide you with a tariff classification of the set. The classification provided pertains to the “table tidy” alone.

The third sample, referred to as a “dolly bag”, is a drawstring travel bag. The bag is designed to contain personal effects during travel. It is manufactured of clear polyvinyl chloride (PVC) with a textile trim at the top and bottom. As requested the samples are being returned.

The applicable subheading for the body scrubber will be 6302.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other: of other textile materials: other. The duty rate will be 8.8 percent ad valorem.

The applicable subheading for the “table tidy” will be 6304.92.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for the drawstring bag will be 4202.92.4500, HTS, which provides for travel sports and similar bags, with outer surface of sheeting of plastic, other. The duty rate will be 20 percent ad valorem.

The back scrubber falls within textile category designation 899. The tray falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Category designation 899 from China is only 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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