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NY I87289




October 29, 2002

CLA-2-64:RR:NC:347:I87289

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90, 4202.80.50, 6307.90.9889

Ms. Peggy Lewicki
Naito Design
900 Livingston Ave., Floor 1
North Brunswick, NJ 08902

RE: The tariff classification of activity kits from China

Dear Ms. Lewicki:

In your letter dated October 9, 2002, you requested a tariff classification ruling for “pom-pom activity kits.” The kits consist of a bag of textile pom-poms with a plastic tube in the center of each, a section of “lanyard” and an item to be decorated with the pom-poms packaged together in a cardboard retail box describing the item to be decorated. You have provided samples of the items to be decorated by the pom-poms, a pair of textile slippers, a furry handbag, a pillow and a play rug. You have also provided a sample of the cardboard retail box showing a “Mod-Pomz Fun Furry Handbag” item PP02105. In addition to the handbag kit, a “Slipper pom-pom kit” item PP02104, a “Rug pom-pom kit” item PP02102 and a “”Pillow pom-pom kit” item PP02101 are to be imported.

Item PP02104, “Slipper pom-pom kit”, contains a pair of children’s slippers with textile outer soles and uppers. The applicable subheading for the “slipper pom-pom kit” will be 6405.20.90, Harmonized Tariff Schedule of the United States, (HTS), which provides for other footwear with uppers of textile material, other. The general rate of duty will be 12.5 percent ad valorem.

Item PP 02105, “Handbag pom-pom kit”, contains a handbag of man-made fiber textile materials. The applicable subheading for the handbag kit, including decorations, is 4202.22.8050 (HTS) which provides for handbags, with outer surface of textile materials, of man-made fibers. The general rate of duty is 18.3 percent ad valorem.

Item PP 02101, “Pillow pom-pom kit”, contains a pillow shell that will be stuffed and sewn closed. The pillow shell has six pom- poms sewn onto one corner. The finished pillow will be primarily decorative and not designed to provide support for the head and neck; it is not considered a pillow for tariff purposes.

Item PP 02102, “Rug pom-pom kit”, contains a piece of pile fabric approximately 17” x 11½”. It does not meet the “thickness, stiffness and strength” criteria for a textile floor covering found in the notes to Chapter 57, HTS.

The applicable subheading for both items, PP 02101 and PP 02102, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The general rate of duty will be 7 percent ad valorem.

The submitted samples are not marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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, Richard Foley at 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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