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NY J89920




November 4, 2003

CLA-2-63:RR:NC:N3:351 J89920

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Edith Tolchin
EGT Global Trading
P.O. Box 231
Florida, NY 10921

RE: The tariff classification of “PalmPoms” from Taiwan

Dear Ms. Tolchin:

In your letter dated October 16, 2003, you requested a tariff classification ruling on behalf of your client FleeceByMail.com of Ames, Iowa.

You submitted two samples. The first is called a PalmPom™. It looks like a cheerleader’s pompom, and in fact that is its intended use. It is constructed of pieces of polyester fleece fabric that have been cut into six-inch fringe-like strips approximately ¼” wide which remain uncut at one end; these uncut ends are gathered and held in the center by another strip. A small cowbell is also attached at the center.

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

The second sample is called “Fleeces Pieces”™. It is similar to the PalmPom in appearance and construction, but its intended use is different. While they are gathered, the intent is for each to be pulled out and used separately to create fringe on a pillow or blanket (neither of which is included). Some of the strips are uncut at one end while others are cut into individual 11-12” strips.

Your inquiry does not provide enough information for us to give a classification ruling on the Fleece Pieces. Your request for a classification ruling should include answers to the following questions:

1. As stated above, some of the strips are joined while others are fully cut apart. Are they supposed to be one or the other, or is there supposed to be a commingling of the two forms?

2. Is this fabric brushed or of pile construction? If pile, is it knit pile or looped pile? Is it a warp or weft knit?

3. If it is not pile, is it of double knit or interlock construction? Is it made on a circular knitting machine?

4. Does it contain spandex or rubber? If so, in what percentage?

When this information is available, you may wish to consider resubmission of your request. We are returning the related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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