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NY K80713




December 15, 2003
CLA-2-60:RR:NC:TA:352 K80713

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

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

RE: The tariff classification of 100% polyester weft knit fabric of looped pile construction cut into strips from Hong Kong, China or Taiwan

Dear Ms. Tolchin:

In your letter dated November 14, 2003, on behalf of your client FleeceByMail.com, you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style “Fleeces PiecesTM”, is a rectangular strip of fabric measuring 29 centimeter long by 0.75 centimeters wide. It has been cut to rectangular shape from a printed 100% polyester weft knit fabric of looped pile construction. The looped pile fabric has been brushed on both sides creating a dense fibrous fleece-like surface. Your correspondence indicates that these strips of fabric will be marketed as a trimming for blankets.

The applicable subheading for the rectangular knit fabric strips will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.4 percent ad valorem in 2003 and 17.2 percent ad valorem in 2004.

This product falls within textile category designation 224. Based upon international textile trade agreements products of China, Hong Kong and Taiwan are subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your letter also indicates that you wish information on the marking or labeling requirements that might apply to this product. While you have not provided sufficient information to definitively determine how you plan to label this product we can provide general information on the marking requirements.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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