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NY C83079

January 14, 1998

CLA-2-43:RR:NC:3:353 C83079


TARIFF NO.: 4303.90.0000

Mr. Donald V. Clark
Don Clark & Associates
176 Goltra Drive
Basking Ridge, New Jersey 07920

RE: The tariff classification of lambswool dusters from Australia.

Dear Mr. Clark:

In your letter dated December 19, 1997 you requested a tariff classification ruling.

Two samples of dusters made from lambswool were submitted with your request. One duster is glued to a plastic dowel of 1/2" in diameter. The second sample is glued to a wooden dowel of approximately the same diameter. You state that the length of the dowels will vary from 6" through 18"-24"-30" and extensions from 42" and 54". You further state that the dusters are used in the janitorial trade and by consumers in homes and offices to dust walls and furniture.

The instant samples were not marked with the country of origin. Therefore, if imported as is the samples submitted will not meet the marking requirements. Section 134.11 of the Customs Regulations states that, unless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that 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 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.

The applicable subheading for the lambswool dusters will be 4303.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles of apparel, clothing accessories and other articles of furskin: Articles of apparel and clothing accessories, Other." The rate of duty will be 0.7% ad valorem.

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 Martin Weiss at 212-466-5881.


Robert B. Swierupski

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