CLA-2-63:OT:RR:NC:N3:349
Mr. Ben Vitale
ETA Import & Export Ltd.
1 Cross Island Plaza, 3rd Floor
Jamaica, NY 11422
RE: The tariff classification of a blanket from China
Dear Mr. Vitale:
In your letter dated September 27, 2011 you requested a classification ruling on behalf of Jay Franco, Sons Inc.
The submitted sample, identified as Style 85600 CADDLEUPPET, is a blanket. It is made from a knit man-made fiber fabric. The blanket which measures approximately 30 x 40 inches is hemmed on all the sides. Attached at the four corners are semi-circular stuffed fabric “paws.” A detailed stuffed dog’s head is at the center of one end and a small stuffed tail is sewn to the opposite end. There is a pocket in the head that allows it to function as a puppet. Pressing on the nose will cause the head to emit dog sounds. It is our opinion that any amusement that this item provides is incidental to its utilitarian function of providing protection from the cold.
The applicable subheading for the blanket if synthetic fibers will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers… other. The rate of duty will be 8.5 percent ad valorem.
The applicable subheading for the blanket if artificial fibers will be 6301.90.0010, HTSUS, which provides for blankets and traveling rugs: other blankets and traveling rugs… of artificial fibers. The rate of duty will be 7.2 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/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
The submitted sample is 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").
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