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NY N015530




August 28, 2007

CLA-2-63:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Sandra Tovar
CST, Inc.
500 Lanier Ave. W, Suite 901
Fayetteville, GA 30214

RE: The tariff classification of a car seat cover and a shell for a pet bed, from China

Dear Ms. Tovar:

In your letter dated Aug. 4, 2007, on behalf of O’Donnell Industries, of Greenville, S.C., you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The first sample is called a pet pad. It is a cover for a car seat, both the seat and back. It is made of woven nylon fabric, quilted with polyester batting and a thin foam backing. Elastic straps and hooks are attached for securing the cover to a car seat.

The second sample is a shell for a pet bed. It is made of a thick pile fabric sewn to a quilted woven fabric. Elastic edging that allows the shell to be fitted over a pet bed.

The applicable subheading for the pet pad and the shell for a pet bed will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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 submitted samples are not marked with the country of origin and are, in fact, marked with a United States address. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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