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NY M86512




September 20, 2006

CLA-2-50:RR:NC:TA:352 M86512

CATEGORY: CLASSIFICATION

TARIFF NO.: 5007.20.0085; 5007.20.0065

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

RE: The tariff classification of 100% plain woven silk fabric and a textile fabric and vinyl bag for carrying yarn balls from China or India.

Dear Ms. Tolchin:

In your letter dated September 5, 2006, on behalf of your client SothernGoose Enterprises you requested a tariff classification ruling. The samples are being returned as requested.

Two samples accompanied your request for a ruling. The first, designated as”100% Silk Dupioni” Fabric”, is a plain woven fabric composed of 100% silk. It is constructed using silk yarns of different colors. Weighing 96 g/m2, this fabric will be imported in either 114 or 137 centimeter widths.

The applicable subheading for the woven silk fabric imported in 114 centimeter widths will be 5007.20.0085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of silk or of silk waste, other fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, other, other, not jacquard woven, other. The duty rate will be free.

The applicable subheading for the woven silk fabric imported in 137 centimeter widths will be 5007.20.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of silk or of silk waste, other fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, other, other, not jacquard woven, more than 127 centimeters in width. The duty rate will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the yarn ball bags. Your request for a classification ruling should include the cost of each of the materials used in the construction of the bag. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Your correspondence also requests information on marking of these products. You have not provided sufficient information to rule whether the articles you intend to import are marked in accordance with the marking statute.

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. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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