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NY A85975

August 2, 1996

CLA-2-56:RR:NC:TP:350 A85975


TARIFF NO.: 5603.93.0090

Martha J. Waldner
Import Supervisor
Unitrans International Corporation
709 S. Hindry Ave.
Inglewood, CA. 90301-3005

RE: The tariff classification of a nonwoven towel type wipe, style "Olivia", from Switzerland.

Dear Ms. Waldner:

In your letter dated July 18, 1996 you requested a tariff classification ruling on behalf of your client Sandra Golestein Parast.

You have submitted a sample of a rectangular shaped, nonwoven, thermofused, towel type wipe measuring 38 X 40 centimeters. The wipe is composed of 90% viscose (rayon) and 10% nylon staple fibers and weighs 140 grams per square meter. The wipe is listed as style "Olivia" and is manufactured in Switzerland by Weita Ag. The wipes will be imported in packages of 10 pieces each with 24 packages per carton.

The applicable subheading for the wipes will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated: other than filament (staple): weighing more than 70 g/m2 but not more than 150 g/m2, other. The rate of duty will be 7.5% ad valorem.

You have also requested advice on marking the shipment. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Assuming that the wipes will be sold to the ultimate purchaser in sealed 10 packs, then only the package itself requires the proper markings. However, if the wipes will be sold individually to the ultimate consumer, then each wipe requires the proper marking.

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 George Barth at 212-466-5884.


Roger J. Silvestri

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