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NY I80948




May 15, 2002

CLA-2-63:RR:NC:TA:349 I80948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Mr. Robert J. Leo
Meeks & Sheppard
330 Madison Avenue, 39th Floor
New York, NY 10017

RE: The tariff classification of a tissue box cover and waste paper basket cover from China.

Dear Mr. Leo:

In your letter dated April 29, 2002 you requested a classification ruling on behalf of Ginsey Industries, Inc.

You submitted samples of a tissue box cover and waste paper basket cover. The articles are designed to be slipped over a box of tissues and a waste paper basket. Both items are made from 100 percent cotton terry fabric. The tissue box cover measures approximately 4.5 x 4.5 x 5 inches. It features an opening along the bottom used to place the item over a tissue box. The top portion has a slit opening used to remove a tissue. The waste paper basket is cylindrical and measures approximately 12 inches high and 7 inches in diameter. It is open at the top and bottom. The front portion features an appliqued, embroidered and stuffed design of a duck. As requested the samples are being returned.

The applicable subheading for the tissue box cover and waste paper basket cover will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The rate of duty will be 6.5 percent ad valorem.

The items fall within textile category designation 369. Based upon international textile trade agreements products of China are not subject to quota or visa requirements.

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, 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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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