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April 15, 1999

CLA-2-63:RR:NC:TA:349 D89739

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.92.0020; 6302.91.0060; 6302.99.1000

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, Illinois 60031

RE: The tariff classification of various bath linens from Japan.

Dear Mr. Murray:

In your letter dated March 1, 1999 you requested a classification ruling.

You submitted four samples. Vendor item numbers WS-784 and WS-785 are body towels. Vendor item numbers WS-781 and WS-779 are bath sponges. You state that item number WS-784 is made from 100 percent linen fabric. The fabric is an open work knit fabric. The towel measures 11 x 36 inches and is hemmed on 2 ends. Item number WS-785 has the same characteristics as WS-784 with the exception that it is stated to be made from 100 percent cotton fabric. In your letter you indicate you will import another towel item number WS-782 which is stated to be made from 100 percent silk. Although referred to as towel these items will be used during bathing.

Item numbers WS-781 and WS-779 are comprised of a polyurethane foam sponge covered entirely with an open work knit fabric, which is stated to be made from 100 percent cotton. In your letter you indicate that you will also import two other sponges, item numbers WS-778 and WS-780. The outer shell of item number WS-778 is stated to be made from 100 percent silk fabric and item number WS-780 is stated to be made from 100 percent linen fabric.

The applicable subheading for Item no. WS-784 and WS-780 will be 6302.92.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other: of flax┬ other. The duty rate will be 1.2 percent ad valorem.

The applicable subheading for Item no. WS-785, WS-781 and WS-779 will be 6302.91.0060, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of cotton┬ other: other. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for Item no. WS-782 and WS-778 will be 6302.99.1000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of other textile materials: containing 85 percent or more by weight of silk or silk waste. The duty rate will be 4 percent ad valorem.

Item numbers WS-785, WS781 and WS-779 fall within textile category designation 369. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

The submitted samples are not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...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 a 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.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 John Hansen at 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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