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NY G82152




September 21, 2000

CLA-2-46:RR:NC:2:230 G82152

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Ms. Irene Kwok
Concept 3 Limited
26/F., Tower A, Southmark
11 Yip Hing Street
Aberdeen, Hong Kong

RE: The tariff classification of a loofah wash pad from China

Dear Ms. Kwok:

In your letter dated August 29, 2000, you requested a tariff classification ruling.

A ruling was requested for a loofah wash pad, item number C3-57641. A sample of the wash pad was submitted. It is a flat round pad measuring approximately 4 inches in diameter and 1/4 inch thick. The pad is made of compressed loofah. It has a textile fabric backing and an elastic strap across the back.

The wash pad is a composite good composed of different materials. Composite goods are classified according to the material that imparts the essential character of the article. The essential character of the wash pad is imparted by the loofah because it makes up the most important functional part of the article.

The applicable subheading for the loofah wash pad (C3-57641) 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.

Articles classifiable in subheading 4602.10.8000, HTSUSA, are not subject to visa or quota requirements. In addition, such articles are not subject to any countervailing or antidumping duties.

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

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