CLA-2-63:RR:NC:TP:349 A83749
Ms. Astra Galins
CYRK, Inc.
3 Pond Road
Gloucster, MA 01930
RE: The tariff classification of a placemat and napkin from China.
Dear Ms. Galins:
In your letter dated May 13, 1996 you requested a classification ruling.
This replaces the letter we sent to you on May 31, 1996.
The submitted samples are a red and white checkered design placemat and
napkin. Both items are made of a woven blend of 50 percent cotton and 50
percent polyester fabric. The placemat has a 100 percent polyester filler. The
rectangular placemat measures 12 x 17 inches and the napkin measures 18 inches
square. Due to the fact both the placemat and napkin are to be constructed of a
50/50 blend of fibers, it is to classified on the basis of General Rule of
Interpretation 3(c) of the classification principles. Even a slight change in
the fiber content may result in a change of classification, as well as , visa
and quota requirements. The placemat and napkin may be subject to U.S. Customs'
laboratory analysis at the time of import and if the fabric is other than a
50/50 blend it may be reclassified by Customs at that time. The samples are
being returned.
The applicable subheading for the napkin will be 6302.53.0020, Harmonized
Tariff Schedule of the United States (HTS), which provides for bed linen, table
linen, toilet linen and kitchen linen: other table linen: of man-made fibers...
tablecloths and napkins: other. The duty rate will be 12.5 percent ad valorem.
The applicable subheading for the placemat will be 6302.53.0030, HTS, which
provides for bed linen, table linen, toilet linen and kitchen linen: other table
linen: of man-made fibers... other. The duty rate will be 12.5 percent ad
valorem.
Both items fall within textile category designation 666. Based upon
international textile trade agreements products of China are subject to quota
and the requirement of a visa.
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. Part categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To obtain the most
current information available, we suggest that you check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for inspection
at your local Customs office.
The submitted samples are not marked with its country of origin. Section
134.11 of the Customs Regulations (19 C.F.R. ยง134.11) provides in part:
Unless excepted by law...every article of foreign
origin(or its container) imported into the U.S. shall
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.
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 212-466-5854.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division