CLA-2-63:RR:NC:TA:349 J88571
Mr. Pravin Shah
Perfect Choice Inc.
3661 Bentley Ave.
Los Angeles, CA 90034
RE: The tariff classification of bar towel from India, Pakistan and China.
Dear Mr. Shah:
In your letter dated August 28, 2003 you requested a classification ruling.
The subject sample is a bar towel. The towel is made from 100 percent cotton terry woven jacquard fabric. Both sides have uncut loops. The towel measures approximately 9.5 x 19 inches (24 x 49 centimeters). All of the edges are hemmed.
The submitted towel has a use similar to bar mops. The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (Textile Guidelines), 53 Fed. Reg. 52563, 52564 states "Bar mops are rectangular in shape with either full or ribbed terry on both sides. While sizes may vary, only those bar mops which are 38 to 43 centimeters in width and 46 to 57 centimeters in length fall within category 369. Tolerances are not allowed. Bar mops not within the stated dimensions are included in category 363." Since the submitted sample does not fit within the stated dimensions of a bar mop it will be classified as a towel.
The applicable subheading for the towel will be 6307.90.8940, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton... cotton towels of pile or tufted construction. The duty rate will be 7 percent ad valorem.
The bar towel falls within textile category designation 363. Based upon international textile trade agreements products of China, India and Pakistan are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.
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,
National Commodity
Specialist Division