CLA-2-94:S:N:N8:233 885035
Ms. Diane Hudyka
Harper Robinson & Co.
A Division of The Harper Group
P.O. Box 81830
Cleveland, Ohio 44181
RE: The tariff classification of a travel crib and playard from Taiwan
Dear Ms. Hudyka:
In your letter dated April 12, 1993, on behalf of Century
Products Company, Douglas Swallen, Macedonia, OH 44056, you
requested a tariff classification ruling.
The furniture item consists of a travel crib and playard,
Century Model No. 10-810BAF. The crib and playard is known by
its trade name as "The Fold-N-Go". It is comprised of four
plastic legs, four sides covered with nylon fabric and a bottom
vinyl pad. The travel crib and playard is sturdy, has a
lightweight design that sets up easily, and needs no tools or
assembly. A protective pad unwraps to become a soft cushion nap
pad. The padded rails are soft for the protection of the baby.
Mesh see-thru panels allow parents to see in and baby to see out.
The dimensions are 28 inches x 41 inches. When unfolded it is
designed to be placed on the floor or ground. All that is seen
is the nylon fabric that covers the sides of the crib and
playard. Thus the nylon is the component that gives the crib and
playard its essential character.
The sample you submitted will be returned under separate
cover.
The applicable subheading for the nylon fabric "Fold-N-Go"
travel crib and playard with a cover pad sheet imported together
will be 9403.80.6040, Harmonized Tariff Schedule of the United
States Annotated, HTSUSA, which provides for: Furniture of other
materials, including cane, osier, bamboo or similar materials:
Other, household. The rate of duty will be 4 percent ad valorem.
Regardless of the classification of the set, any textile articles
that would be subject to quota if imported separately, are
subject to the same quota if imported as part of a set. The
sheet, which would be classifiable under subheading 6302.22.2020,
HTSUSA, in textile category 666.
Your inquiry also asks about the sheet being Imported
separately. The fitted crib sheet is made of 50 percent
polyester and 50 percent cotton woven fabric and measures
approximately 23 inches by 33 inches. It is printed with
balloons and lines. The corners are fitted and there is a strip
of elastic sewn around the perimeter of the edge. The applicable
subheading for the separately imported fitted crib sheet will be
6302.22.2020, HTSUSA, which provides for: Bed linen, table linen,
toilet linen and kitchen linen: Other bed linen, printed: Of man
made fibers: Other, sheets. The rate of duty will be 13 percent
ad valorem.
The crib sheet falls within textile category designation
666. Based upon international trade agreements, products of
Taiwan are subject to quota and visa requirements. The
designated textile and apparel categories may be subdivided into
parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are
the result of international bilateral agreements which are
subject to frequent renegotiations and changes, to obtain the
most current information available, we suggest that you check,
close to the time of shipment, the Status Report On Current
Import Quotas (Restraint Levels), an internal issuance of the
U.S. Customs Service, which is available for inspection at your
local Customs office.
The submitted crib sheet sample is not marked with the
country of origin. Section 134.11 of the Customs Regulations (19
CFR 134.11) states that "...every article of foreign origin (or
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 ... to indicate
... the country of origin of the article..."
Additionally, please note that separately Federal Trade
Commission marking requirements exit regarding country of origin,
fiber content, and other information that must appear on many
textile items. You should contact the Trade Commission,
Washington, D.C. 20580, for information on the applicability of
these requirements to these items.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport