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NY K81093




November 26, 2003
CLA-2-68:RR:NC:1:126 K81093

CATEGORY: CLASSIFICATION

TARIFFNO.: 3921.19.0000, 6307.90.9989, 7323.10.0000, 3924.10.4000, 6211.43.0091

Mr. Allen Guo
Ashford Textiles LLC
16921Western Avenue
Building 300
Gardena, CA90247

RE: The tariff classification of scrubbing sponges, scour pads, metallic scourers, a plastic spoon and a nylon beauty cape from China

Dear Mr. Guo:

In your letter dated November 11, 2003, you requested a tariff classification ruling. Representative samples were submitted with your ruling request. These samples are being returned to you.

The submitted sample, which you identified as “Scrubbing Sponge #1”, is a rectangular sponge made of 100 percent cellular polypropylene. You stated in your letter that this product does not contain any abrasive material. The sponge measures approximately 2 ¾” x 4 ¾”.

The applicable subheading for the 100 percent cellular polypropylene scrubbing sponge will be 3921.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular: of other plastics. The rate of duty will be 6.5 percent ad valorem.

The submitted sample, which you identified as “Metallic Scourers”, consists of one scouring pad and three scourers. The scouring pad is composed of a plastic foam sponge encased in a fabric of filament yarns and metallic strips; the strips meet the tariff definition of textile. The sponge is rectangular in shape and measures approximately 3.5” x 5”. The three scourers are made of stainless steel wire. Each scourer is coiled and rolled up in the shape of a ball.

The applicable subheading for the scouring pad will be 6307.90.9989, HTS, which provides for other made up articlesother. The rate of duty will be 7 percent ad valorem. There are no quota or visa restrictions on this article.

The applicable subheading for the three metallic scourers will be 7323.10.0000, HTS, which provides for pot scourers and scouring pads, gloves and the like, of iron or steel. The rate of duty will be free.

The submitted sample, which you identified as plastic cooking spoon, is a black plastic spoon that measures approximately 11.5 inches.

The applicable subheading for the plastic cooking spoon will be 3924.10.4000, HTS, which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

The submitted sample, which you identified as nylon cape, is a black nylon beauty cape with an adjustable Velcro neck. The cape is used to protect clothing of clients in beauty salons.

The applicable subheading for the nylon beauty cape will be 6211.43.0091, HTS, which provides for tracksuits, skisuits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16.1 percent ad valorem.

The beauty cape falls within textile category designation 659. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated 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, the designated 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.

In order to issue a ruling on the two abrasive products, which you identified as “Scrubbing Sponge” #2 (consisting of a scouring pad on a sponge) and “Scour Pads”, we need the following information indicated below.

You stated that these products contain an abrasive material. Please identify the abrasive material in each product. Indicate whether this material is a natural mineral abrasive or a synthetic chemical which functions as an abrasive.

Indicate the precise chemical or mineral name of the abrasive material in each product. Indicate the form of this material (e.g., ground, powder, etc.).

Is the abrasive coated on or impregnated into the scouring pad portion of each of these products - scrubbing sponge #2 and scour pads?

When this information is available, you may wish to consider resubmission of your request regarding these two products. If you resubmit the request, please resubmit a copy of your original letter along with the two samples and additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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