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NY H88855





March 1, 2002

CLA-2-63:RR:NC:TA:351 H88855

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Barbara J. Riley
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084

RE: The tariff classification of dust masks from Taiwan.

Dear Ms. Riley:

In your letter dated February 21, 2002, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are two disposable dust masks, packed in a clear plastic blister pack, style number 055433. The dust masks are made of three layers of textile fabric. The two outer layers are constructed of nonwoven polypropylene fabric and the middle layer is made of polyester nonwoven fabric. It features a thin strip of flexible metal glued near one edge of the mask that facilitates the shaping of the mask to the contours of the wearer’s face. The dust masks are oval in shape. Two thin elasticized bands have been stapled to the masks to facilitate a snug fit.

The applicable subheading for the dust masks will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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