CLA-2-63:OT:RR:NC:N3:349
Mr. Fernando Valero
Bombora Investments
11118 Polaris Drive
San Diego, CA 92126
RE: The tariff classification of a scrubber and washcloth from China
Dear Ms. Valero:
In your letter dated September 16, 2008 you requested a classification ruling.
The submitted samples are identified as a “QuickDri Scrubber” and “QuickDri Washcloth.” The “QuickDri Scrubber” is made from nylon woven fabric. It has textured yarns that give the item a coarse feel. The submitted scrubber measures 29 x 29 centimeters. The edges are finished with an overlock stitch.
The “QuickDri Washcloth” is made from nylon woven fabric. It measures 29 x 29 centimeters. The edges are finished with an overlock stitch. You state that the washcloth is marketed and intended as a personal cleaning cloth.
You suggest that the “QuickDri Washcloth” should be classified under heading 6307 as an “other made up article.” The instant item is a washcloth that will be used during bathing. The washcloth is more specifically provided for as “toilet linen” under heading 6302, HTSUS.
The applicable subheading for the scrubber 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 duty rate will be 5.3 percent ad valorem.
The applicable subheading for the washcloth will be 6302.93.2000, HTSUS, which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen...other: of man-made fibers: other. The rate of duty will be 9.9 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 washcloth falls within category designation 666. Subheading 6307.10.2030 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.
The submitted samples are not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) 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. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur").
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