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NY D80950

September 3, 1998

CLA-2-95:RR:NC:SP:222 D80950


TARIFF NO.: 9505.10.2500; 6304.91.0040

Ms. Kimberly Fathauer
A. W. Fenton Company, Inc.
P. O. Box 360614
Columbus, OH 43236-0614

RE: The tariff classification of knitted bottle covers from Thailand.

Dear Ms. Fathauer:

In your letter dated August 3, 1998, on behalf of your client Consolidated Stores Corp., you requested a tariff classification ruling.

You have submitted six samples of decorative bottle covers that are shaped to fit wine bottles. The bottle covers are identified as item number 514. They are constructed of acrylic jacquard knitted fabric.

The bottle covers are open at the bottom. They merely decorate and could not be used to carry a bottle.

Red, green, white and yellow yarns are stitched together to create motifs of the following: Reindeer, two designs of Christmas trees, one design of Christmas trees and the word "Cheers", one design with the words "Merry Christmas" and one design with only the word "Cheers".

The bottle cover with only the word "Cheers" is not considered to be a festive article. Cheers is a toast or greeting that may be used year round. This bottle cover will not be classified in chapter 95.

These samples are returned as you requested.

The applicable subheading for five of the bottle covers excluding the one with only the word "Cheers", will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

The applicable subheading for the bottle cover with the word "Cheers" will be 6304.91.0040, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted, of man-made fibers. The rate of duty will be 9.2 percent ad valorem.

The "Cheers" bottle cover falls within textile category designation 666. Based upon international textile trade agreements products of Thailand are subject to 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 Alice Masterson at 212-466-5892.


Robert B. Swierupski

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