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NY C86667

April 29, 1998

CLA-2-63:RR:NC:TA:352 C86667


TARIFF NO.: 6305.20.0000; 6305.39.0000

Ms. Carol A. Garrity
Garrett-Hewitt International
147 Broadway
Hawthorne, NY 10532

RE: The tariff classification of a sack from China.

Dear Ms. Garrity:

In your letter dated April 9, 1998, you requested a classification ruling.

The sample submitted is a drawstring sack. It will be made either of cotton or polyester woven fabric. Shown on one side are the printed words "Santa's Coal Bubble Gum". After importation into the United States the sack will be filled with bubble gums. It measures approximately 3 5/8" x 2 7/8". The sack is made with inexpensive fabric of poor durability which makes it unsuitable for prolonged use.

Depending on the component material of the sack, the applicable subheading for the sack will be either 6305.20.0000 or 6305.39.0000, Harmonized Tariff Schedule of the United States (HTS). If the component material is of cotton, 6305.20.000, HTS, applies, which provides for sacks and bags, of a kind used for the packing of goods: Of cotton. The duty rate will be 6.7 percent ad valorem. If the component material is of polyester, 6305.39.0000, HTS, applies, which provides for sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other. The duty rate will be 9.1 percent ad valorem.

The sack falls within textile category designation 369, if 6305.20.0000, HTS, applies and 669, if 6305.39.0000, HTS, applies. 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.

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 Alan Tytelman at 212-466-5896.


Robert B. Swierupski

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