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NY 855728

CLA-2-62:S:N:N3H:353 855728


TARIFF NOS.: 6217.10.0010; 6217.10.0030; 6307.90.9590

Mr. Jack Alsup
Alsup & Alsup, Inc.
P.O. Box 1251
Del Rio, TX 78841

RE: The tariff classification a garden apron and a garden tool tote from Mexico.

Dear Mr. Alsup:

In your letter dated August 20, 1990, on behalf of Fabrionics, Inc., you requested a tariff classification ruling.

You have submitted two samples of textile articles used to carry or haul garden tools, as follows: a garden apron and a garden tool tote. Both items are made from heavy woven fabrics that appear to be unbleached duck fabrics, have green piping borders, and have the names "gardenworks by Fabrionics, Inc." imprinted on the top front portions. The garden apron has three large pockets and a waist tie string. The garden tool tote, which is a sling-type tote, features two large pockets on each side, four small pockets on each side, and one man-made fiber narrow fabric handle sewn on to each side. In your letter, you indicated that both samples were made of 100% cotton, except for the trim; but that they may also be made of 65% polyester/35% cotton blend fabric, except for the trim.

The applicable subheading for garden aprons will be 6217.10.0010, if of cotton, or 6217.10.0030, if of man-made fibers, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, ..., accessories. The rate of duty will be 15.5 percent ad valorem.

The garden tool tote will be classifiable under the provision for other made up articles, ..., other, other, other, other, in subheading 6307.90.9590, HTS. The rate of duty will be 7 percent ad valorem. Articles classifiable under subheading 6307.90.9590, HTS, which are products of Mexico, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The garden apron falls within textile category designation 359, if of cotton, or 659, if of man-made fibers. Based upon international textile trade agreements, products of Mexico are subject to the requirements of a visa.

The designated textile and apparel category 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 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.

Please note that the submitted samples were not marked "Made in Mexico." Customs Regulation 134.11 requires that every imported product must be conspicuously and legibly marked to indicate the English name of the country of origin of the article. Also, the label on the tool tote sample states that it is made of "sturdy denim fabric"; however, the fabric appears to be a duck fabric rather than a denim.

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.


Jean F. Maguire
Area Director

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