CLA-2-63:RR:NC:TP:349 817504
Mr. Harold Dichter
Leyden Customs Expediters, Inc.
99 Hudson Street
New York, NY 10013-2896
RE: The tariff classification of a bread warmer set from China.
Dear Mr. Dichter:
In your letter dated December 14, 1995 on behalf of Welbilt you requested a
classification ruling.
The submitted sample, identified as model BW10, is a bread warmer set. The
set consists of three components as follows: a wicker basket, a textile cloth
and an energy pack. The red and white checkered design textile cloth is made of
100 percent linen woven fabric. All four edges are hemmed and it measures
approximately 70 inches square. There is a pocket sewn into its center used to
place the energy pack. The wicker basket measures 10 inches long by 8-1/2
inches height and 3-1/2 inches deep. The microwavable energy pack is oval in
shape, measures approximately 7 x 9 inches and is designed to fit the bottom of
the basket. Although not stated, these energy packs are usually comprised of
plastic foam, wax, water, and small amounts of emulsifying and anti-bacterial
agents sealed in a plastic coated fabric. Together, the basket and cloth
function like an ordinary bread warmer; that is, the cloth is wrapped around
heated bread, to preserve its warmth as much as possible, and the wrapped bread
is then held and served in the basket. The energy pack is heated in a microwave
oven and fitted into the pocket of the cloth warmer. It provides a source of
heat for continued warmth.
A similar bread warmer was the subject of Headquarters Ruling Letter (HRL)
957648 dated July 28, 1995. In that ruling, it was decided that no one
component imparts the essential character to the bread warmer. Following
General Rule of Interpretation (GRI) 3(c), the item was classified in heading
that occurs last in the tariff among those headings meriting equal
consideration. In that ruling and in this case, the textile furnishing heading
is the one that occurs last.
The applicable subheading for the bread warmer will be 6304.99.3500,
Harmonized Tariff Schedule of the United States (HTS), which provides for other
furnishing articles, excluding those of heading 9404: other: not knitted or
crocheted, of other textile materials: other: of vegetable fibers (except
cotton): other. The duty rate will be 12.5 percent ad valorem.
The bread warmer falls within textile category designation 899. Based upon
international textile trade agreements products of China are subject the
requirement of a visa.
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. 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 textile cloth portion of the submitted sample is not marked with its
country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. ยง134.11)
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.
Additionally, please note that separate Federal Trade Commission marking
requirements exist regarding country of origin, fiber content, and other
information that must appear on many textile items. You should contact the
Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue,
N.W., Washington, D.C., 20580, for information on the applicability of these
requirements to this item.
This ruling is being issued under the provisions of Section 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 212-466-5854.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division