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NY L83775

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May 2, 2005

CLA-2-90:RR:NC:N1:105 L83775

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 4202.92.4500; 6115.92.9000; 6404.19.35; 9019.10.2050; 9603.29.4090

Mr. Harold I. Loring
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a BC Pedipack from China

Dear Mr. Loring:

In your letters dated March 8, 2005 and April 1, 2005, on behalf of Anisa International, Inc., you requested a tariff classification ruling.

You state: “The BC Pedipack is a foot care kit consisting of: a zippered carrying case; a combination foot brush/pumice stone with wooden handle and cotton cord; foam toe separators; plastic foot massager; moisturizing socks of 92% cotton/8% spandex; and terry slippers with terry cloth strap uppers, sisal insoles and plastic outsoles. The sample carrying case is constructed from EVA clear plastic front and back, terry fabric sides, bottom, and handle, although the back of the case may be constructed of terry velour instead of plastic.”

We note that the attached tag on the carrying case indicates “Pedipack in PVC Bag (Blue)”.

The cost and weight breakdown of the of the component materials for each item in the BC Pedipack kit as you submitted is as follows:

Cost Weight

Bag of EVA,Terry $0.88 65g
Slippers of Sisal,Terry $0.81 85g
Socks of Cotton, lycra $0.45 15g
Toe Separators of foam $0.08 5g
Pumice Stone/Brush $0.33 70g
Clear Foot Massager $0.16 25g

The BC Pedipack with its contents of carry case, foot brush/pumice stone, foam toe separators, plastic foot massager, moisturizing socks and terry slippers are none of the items which are noted in the Explanatory Notes of 8214 for association with pedicure sets.

The applicable subheading for the foam toe separators will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles and toilet articles of plastics, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the carrying/toiletry bag of pile fabric and plastic sheeting will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sport and similar bags with outer surface of a sheeting of plastic. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the socks will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of cotton: Other: Other. The rate of duty will be 13.5 percent ad valorem.

The socks fall within textile category designation 332. Based upon international textile trade agreements products of China within textile category designation 332 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 as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The applicable subheading for the terry cotton slippers with open toes and open heels will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of textile material. Other, footwear with open toes or open heels, other. The rate of duty will be 37.5 percent ad valorem.

The applicable subheading for the plastic foot massager will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electrical massage apparatus. The rate of duty will be free.

The applicable subheading for the natural pumice stone/brush, if valued not over 40 cents each, will be 9603.29.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued not over 40 cents each, Other.” The rate of duty will be 0.2 cents each plus 7 percent ad valorem.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 4202.92.45 - Travel, sports and similar bags with outer surface of plastic sheeting
• Tariff No.: 6115.92.90 - Stockings, socks, etc. nesoi (not surgical and not containing lace or net), knitted or crocheted, of cotton
• Tariff No.: 6404.19.35 - Footwear w/outer soles of rub./plast. & upp. of textile, nesoi, w/open toes/heels or slip-on type, 10% or more by wt. of rubb./plastic
• Tariff No.: 9019.10.20 - Mechano-therapy appliances and massage apparatus, and parts and accessories thereof
• Tariff No.: 9603.29.40 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued n/o 40 cents each