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NY K88262




August 27, 2004
CLA-2-54:RR:NC:TA:352 K88262

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9925

Mr. Todd D. Bulmash
Paris Presents, Inc.
3800 Swanson Court
Gurnee, IL 60031-1261

RE: The tariff classification of a 100% filament polyester satin woven fabric cut to a rectangular shape from Hong Kong.

Dear Mr. Bulmash:

In your letter dated August 2, 2004 you requested a classification ruling. The portion of the sample not destroyed in analysis is being returned to you.

The submitted sample, designated as style 04-0621, is a dyed 4X1 satin woven fabric composed of 100% non-textured filament polyester. The fabric has been cut with a hot knife to a square measuring 35.56 centimeters on a side. This product is said to contain 39.37 single yarns per centimeter in the warp and 29.53 single yarns per centimeter in the filling. It weighs approximately 72.2 g/m2. Your correspondence indicates that this product will be used as a packing material in the marketing of gift sets of personal care products.

The applicable subheading for the woven fabric squares designated as style 04-0621 will be 5407.61.9925, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of polyester filament, containing 85 percent or more by weight of non-textured polyester filaments, other, other, dyed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 14.9 percent ad valorem.

This woven fabric square falls within textile category designation 619. Based upon international textile trade agreements products of Hong Kong 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 correspondence also request that we issue a ruling on the country of origin marking required for this product. This item will be used in the packing of gift sets of personal care products. The fabric square will be placed on the bottom of a blister plastic container which has been placed inside a cardboard container. The personal care products such as shower gel or body lotion are then placed on the fabric and the packaging is sealed. The fabric square merely functions as an accent to make the gift packaging more attractive from a marketing perspective.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. While the marking requirements apply presumptively to any imported article, there are special provisions affecting the marking of containers and packing materials. 19 CFR 134.24 (c)(1) provides that when disposable containers are imported by persons who fill them with products which they sell, such persons are considered the ultimate purchasers of the imported containers. Consequently, individual marking of the packing material may be waived as long as the outer containers or wrappings for the articles are marked with the country of origin as provided for in 19 U.S.C. 1304 (a)(3)(D).

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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