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NY 885035





May 4, 1993

CLA-2-94:S:N:N8:233 885035

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040; 6302.22.2020

Ms. Diane Hudyka
Harper Robinson & Co.
A Division of The Harper Group
P.O. Box 81830
Cleveland, Ohio 44181

RE: The tariff classification of a travel crib and playard from Taiwan

Dear Ms. Hudyka:

In your letter dated April 12, 1993, on behalf of Century Products Company, Douglas Swallen, Macedonia, OH 44056, you requested a tariff classification ruling.

The furniture item consists of a travel crib and playard, Century Model No. 10-810BAF. The crib and playard is known by its trade name as "The Fold-N-Go". It is comprised of four plastic legs, four sides covered with nylon fabric and a bottom vinyl pad. The travel crib and playard is sturdy, has a lightweight design that sets up easily, and needs no tools or assembly. A protective pad unwraps to become a soft cushion nap pad. The padded rails are soft for the protection of the baby. Mesh see-thru panels allow parents to see in and baby to see out. The dimensions are 28 inches x 41 inches. When unfolded it is designed to be placed on the floor or ground. All that is seen is the nylon fabric that covers the sides of the crib and playard. Thus the nylon is the component that gives the crib and playard its essential character.

The sample you submitted will be returned under separate cover.

The applicable subheading for the nylon fabric "Fold-N-Go" travel crib and playard with a cover pad sheet imported together will be 9403.80.6040, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Furniture of other materials, including cane, osier, bamboo or similar materials: Other, household. The rate of duty will be 4 percent ad valorem. Regardless of the classification of the set, any textile articles that would be subject to quota if imported separately, are subject to the same quota if imported as part of a set. The sheet, which would be classifiable under subheading 6302.22.2020, HTSUSA, in textile category 666.

Your inquiry also asks about the sheet being Imported separately. The fitted crib sheet is made of 50 percent polyester and 50 percent cotton woven fabric and measures approximately 23 inches by 33 inches. It is printed with balloons and lines. The corners are fitted and there is a strip of elastic sewn around the perimeter of the edge. The applicable subheading for the separately imported fitted crib sheet will be 6302.22.2020, HTSUSA, which provides for: Bed linen, table linen, toilet linen and kitchen linen: Other bed linen, printed: Of man made fibers: Other, sheets. The rate of duty will be 13 percent ad valorem.

The crib sheet falls within textile category designation 666. Based upon international trade agreements, products of Taiwan are subject to quota and visa requirements. 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. 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.

The submitted crib sheet sample is not marked with the country of origin. Section 134.11 of the Customs Regulations (19 CFR 134.11) states that "...every article of foreign origin (or 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 ... to indicate ... the country of origin of the article..."

Additionally, please note that separately Federal Trade Commission marking requirements exit regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Trade Commission, Washington, D.C. 20580, for information on the applicability of these requirements to these items.

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.

Sincerely,

Jean F. Maguire
Area Director

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