CLA-2-63:OT:RR:NC:N3:349
Francine Ramsey
Hampton Direct Inc.
P.O. Box 1199
Williston, VT 05495
RE: The tariff classification of cleaning pad set from China
Dear Ms. Ramsey:
In your letter dated March 27, 2008 you requested a classification ruling.
The instant merchandise, identified as Item 65470 Set of 5 Multi-Purpose Cleaning Cloths and Item 68475 Set of 15 Multi-Purpose Cleaning Cloths, are cleaning pads and a scouring pad. Item 68475 consists of 3 packages of Item 65470. A sample of item 65470 was submitted with your request. The pink, orange, yellow and blue colored cleaning pads are comprised of plastic foam covered entirely with knit fabric. The fabric will be made from either 80 percent polyester and 20 percent polyamide or 100 percent polyester knit fabric. The white colored scouring pad is comprised plastic foam covered on both sides. One side of scouring pad is made from 80 percent polyester and 20 percent polyamide fabric. The reverse side is made from knit polyethylene strips. The pads feature finished edges. The scouring pad is coarser than the other cleaning pads and as such would not fall under the tariff provision for cleaning cloths.
The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which:
(a) consist of at least two different articles which are,
prima facie, classifiable in different headings;
(b) consist of products or articles put up together to meet
a particular need or carry out a specific activity; and
(c) are put up in a manner suitable for sale directly to users
without repacking
The instant pads meet the qualifications of "goods put up in sets for retail sale". The components of the set consist of two different articles that are, prima facie, classifiable in different subheadings. They are put up together to carry out the specific activity and they are packaged for sale directly to users without repackaging. The cleaning pads impart the essential character of the set.
The applicable subheading for the cleaning pad set will be 6307.10.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other…other. The rate of duty will be 5.3 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
The above subheading is not assigned a textile category designation. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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