CLA-2-63:S:N:N6:349 890293
Ms. Flavia Cesare
Mably International, Inc.
14 East 60th. Street
New York, New York 10022
RE: The tariff classification of a draw liner from China.
Dear Ms. Flavia:
In your letter dated September 13, 1993 you requested a
classification ruling.
You submitted a rectangular draw liner. The outershell of
the liner is made of 100 percent linen woven fabric. It is
stuffed with a polyester padding and a corncob filling. All
four edges are hemmed and it measures approximately 8-1/4 inches
by 21-3/4 inches. Due to the type of stuffing (corncob filling)
this particular item may require an import permit. We suggest
you contact the U.S. Department of Agriculture, Washington, D.C.
20250, for information on the applicability of these requirements
to this item.
The applicable subheading for the draw liner 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 material: other: of vegetable fiber (except cotton):
other. The duty rate will be 12.8 percent ad valorem.
The draw liner falls within textile category designation
899. Based upon international textile trade agreements, products
of China are subject to visa requirements.
The submitted sample is not marked with its country of
origin. Section 134.11 of the Customs Regulations (19 CFR
134.11) states that "...every article of foreign origin (or its
container) imported onto 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 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, Washington, D.C., 20580, for information on the
applicability of these requirements to these items.
The designated textile and apparel category 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.
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