CLA-2-63:S:N:N6:349 895192

Mr. Dietrich J. Westphal
Minuteman Trading, Inc.
Route 255
Post Office Box 103
Millwood, Virginia 22646

RE: The tariff classification of a silk bath mitt from China.

Dear Mr. Westphal:

In your letter dated February 21, 1994 you requested a tariff classification ruling.

The submitted sample is a rectangular white bath mitt. It is comprised of an outer shell made of silk woven fabric with a cotton liner. The mitt measures approximately 4-3/4 inches by 8 inches. There is an opening in the bottom of the mitt used to accommodate the insertion of a hand. The bottom of the mitt is finished with a thin strip of woven fabric.

The applicable subheading for the bath mitt will be 6302.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: of other textile materials: containing 85 percent or more by weight of silk or silk waste. The rate of duty will be 5.4 percent ad valorem.

The submitted samples are 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 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 English name of 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.

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