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NY N005691




February 2, 2007

CLA-2-63:RR:NC:TA:349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.93.2000

Steve Coffey
A.H. Carter & Associates
25802 74th Ave. South
Kent, WA 98032

RE: The tariff classification of a bath glove from China.

Dear Mr. Coffey:

In your letter dated January 22, 2007 you requested a classification ruling on behalf of Phoenix Industries, Inc.

The instant sample is a bath glove. The glove is made from a man-made fiber knit texturized yarn. It features a slightly abrasive outer surface. The glove has separation of the fingers and thumb with a rib knit cuffed opening used for the insertion of a hand. The bath glove is used in the shower or bathtub to exfoliate, stimulate and cleanse the skin.

You suggest classification of the bath glove under subheading 6116.99.9560, HTSUS as a glove or 6302.93.1000, HTSUS, as toilet linen of pile or tufted construction. The Explanatory Notes to Heading 6302, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, includes toilet gloves as items classifiable as toilet linen. The instant glove is made from a textured yarn and is not of pile or tufted construction.

The applicable subheading for the bath glove will be 6302.93.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen...other: of man-made fibers: other. The rate of duty will be 9.9 percent ad valorem.

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/.

The bath glove falls within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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