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NY N017016




October 2, 2007

CLA-2-63:RR:NC:N3:349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Pamela C. Berry
Marisol International
871 Ridgeway Loop Ste. 203
Memphis, TN 38120

RE: The tariff classification of an oven mitt and potholder from China.

Dear Ms. Berry:

In your letter dated September 10, 2007 you requested a classification ruling on behalf of Simplicity Pattern Co. Inc.

The submitted samples are an oven mitt and potholder. Both items are made from 100 percent cotton woven printed fabric and contain a cotton filling. The oven mitt measures approximately 5.5 in width x 12 inches in length. The bottom portion contains an opening used for the insertion of a hand. The opening is finished with a thin strip of capping. There is a small loop on the side used to hang the mitt. The potholder measures approximately 7.5 inches square. The edges are finished with a thin strip of capping. There is a loop on the side of one edge used to hang the potholder.

The applicable subheading for the potholder and oven mitt will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.3 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 potholder and oven mitt fall within textile category designation 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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