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May 4, 1999

CLA-2-39:RR:NC:SP:222 D89979

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.1010

Mr. Sean Cole
ASG USA
30 Pulaski Street
Bayonne, NJ 07002

RE: The tariff classification of a shower curtain set from China and Pakistan.

Dear Mr. Cole:

In your letter dated March 25, 1999, on behalf of Notra Home Fashions, you requested a classification ruling.

You have submitted a sample of a shower curtain set. It consists of a double swag shower curtain, a valance and two tiebacks of 100 % polyester. All three of these items are made in Pakistan. Also packaged together in a sealed bag with the textile shower curtain is a vinyl shower liner and PVC tie back hooks made in China.

The packaging indicates that the set will be sold at retail for $9.99. Following Better Homes Corp. v. United States, Slip OP.96-35 the plastic liner is considered to be the essential character of the set.

The applicable subheading for the double swag shower curtain set will be, 3924.90.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other: curtains and drapes, including panels and valances, napkins, table covers,....and like furnishings, curtain and drapes. The rate of duty will be 3.4 percent ad valorem.

Although classified as a set, the textile component is subject to a textile category number as if classified separately. The double swag polyester shower curtain falls within textile category designation 666. Based upon international textile trade agreements products of Pakistan 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. 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 sample is not marked with both countries 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.

We suggest that this item be marked “100 % polyester shower curtain, valance and tie backs made in Pakistan. Plastic liner and hooks made in China.

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 Alice R. Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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