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NY 807774

April 6, 1995

CLA-2-39:S:N:N6:343 807774


TARIFF NO.: 3924.90.1050

Ms. Patricia Rucker
Sears Merchandise Group
3333 Beverly Road, BC 204-A
Hoffman Estates, IL 60179

RE: The tariff classification of a table fashion set from China.

Dear Ms. Rucker:

In your letter dated March 6, 1995, you requested a tariff classification ruling.

You have submitted a sample of an 18 piece floral table fashion set. The set is enclosed in a clear plastic bag. It will be manufactured with Christmas patterns and /or scenery, as well as the floral design of this sample. The items will be marketed and sold as a set. The set consists of four vinyl placemats, four vinyl coasters, four fiberglass reinforced plastic napkin rings, four 100% cotton napkins and two 100% cotton pot holders. In our opinion these items constitute a set since they are all intended for use in the serving of food. The plastic placemats provide the essential character of the set.

The applicable subheading for the plastic table fashion set will be 3924.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of plastics: other: curtains and drapes...mats, other. The rate of duty will be 3.3 percent ad valorem.

The napkins and the pot holder fall within textile category designation 369. 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. Since 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 StatusReport 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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