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NY N005983

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February 23, 2007

CLA-2-46:RR:NC:2:230

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.19.8000; 1404.90.9090; 6302.93.1000; 6505.90.6090; 6117.80.8500; 6404.19.3560

Ms. Kathy DeGroot
Evans, Wood & Caulfield, Inc.
100 N. Centre Ave., Suite 201
Rockville Centre, NY 11570

RE: The tariff classification of bath products from China

Dear Ms. DeGroot:

In your letter dated January 17, 2007, on behalf of the importer, Anisa International, you requested a tariff classification ruling.

The ruling was requested on various bath products in the “Bamboo Garden Collection.” Samples of the products were submitted, which will be returned to you as you requested.

The products consist of various articles for personal care during and after bathing. All of the articles contain a textile component having a tufted construction and consisting of a mixture of 60% knitted regenerated cellulose bamboo fiber with 40% cotton yarn. The articles are individually packaged in clear plastic bags or boxes and consist of the following:
a 3” diameter round loofah facial pad with a textile backing, a 7” x 5” oval loofah body pad with a textile backing, a hand mitt with loofah on one side, a 4-1/2” x 6” oval loofah body sponge with a textile covered sponge, a sleep mask filled with flaxseed, a textile soap pouch, a textile washcloth, a flower-shaped textile bath pouf, a textile hair towel head covering with an elastic band and a button, a textile headband, a pair of indoor slippers with rubber/plastic soles and textile uppers.

The applicable subheading for the loofah facial pad, the loofah body pad, the loofah hand mitt and the loofah body sponge will be 4602.19.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of loofah. The rate of duty will be 2.3 percent ad valorem.

The applicable subheading for the sleep mask filled with flaxseed will be 1404.90.9090, HTSUS, which provides for other vegetable products not elsewhere specified or included. The rate of duty will be free.

The applicable subheading for the textile soap pouch, the textile washcloth and the flower textile bath pouf will be 6302.93.1000, HTSUS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of man-made fibers: pile or tufted construction. The rate of duty will be 6.2 percent ad valorem. The textile category designation is 666.

The applicable subheading for the textile hair towel will be 6505.90.6090, HTSUS, which provides for: hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric . . . other: of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, other: other: other. The rate of duty will be 20 cents per kilogram plus 7 percent ad valorem. The textile category designation is 659.

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.

The applicable subheading for the textile headband will be 6117.80.8500, HTSUS, which provides for: other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for the slippers will be 6404.19.3560, HTSUS, which provides for footwear, in which the upper’s external surface is predominantly textile materials (excluding accessories or reinforcements); in which the outer sole’s external surface is predominantly rubber and/or plastics; which is not “athletic footwear”; which has open toes or open heels; and which is over 10 percent by weight of rubber and/or plastics. The rate of duty will be 37.5 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/.

Some of the samples submitted were not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1404.90.90 - Other vegetable materials nesoi
• Tariff No.: 4602.19.80 - Basketwork and other articles, neosi, of vegetables materials, nesoi
• Tariff No.: 6117.80.85 - Headbands, ponytail holders & similar articles, of textile materials other than containing 70% or more by weight of silk, knitted/crocheted
• Tariff No.: 6302.93.10 - Toilet and kitchen linen, of manmade fibers, of pile or tufted construction
• 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.: 6505.90.60 - Hats and headgear, of mmf, knitted or crocheted or made up from knitted or crocheted fabrics, not in part of braid