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August 11, 1999

CLA-2-56:RR:NC:TA:350 E82246


Mr. Bob Weatherly
Quest Cotton Products
Empress Mill, Empress Street
Old Trafford, Manchester MI6 9EN

RE: Classification, quota status and marking determination for cotton cosmetic pads or wipes produced in Slovenia and inserted into a reusable dispenser in Hong Kong, before being exported to the United States.

Dear Mr. Weatherly:

In your letters dated July 1 and Fax of July 30, 1999, you requested a classification, marking and quota determination for cotton pads produced in Slovenia and shipped to Hong Kong to be inserted into dispensing tubes, before being exported to the United States.

While no samples were supplied, the pads consist of a cotton wadding measuring about 60 mm in diameter. Your letter and fax indicates that 60 pads will be placed in a polybag and shipped to Hong Kong where the units will be placed into a plastic dispensing tube that has a support bracket. The dispensers measure about 25 cm in length. These dispensers are reusable. The applicable subheading for the cotton pads will be 5601.21.0090, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for ... articles of cotton wadding. The duty rate is 5.4 percent ad valorem. Textile category 369 applies.

Since the plastic dispensers are reusable, they are separately classifiable. The unit is classifiable in subheading 3924.90.5500, HTS, which provides for ... other household articles, of plastics. The duty rate is 3.4 percent ad valorem.

The plastic dispenser must, itself, be marked to indicate its country of origin.

Customs Regulation 102.17 delineates non-qualifying country of origin operations. The country where goods are solely packaged would not be considered as the country of origin of these goods, as with your cotton.

Therefore, these pads are considered a product of Slovenia and, as such, are not currently subject to any kind of textile restraints (quota or visa). An acceptable marking for the pads would be “Made in Slovenia”, dispenser made in Hong Kong.

Please be aware that in the future, a local commodity specialist team may request that you substantiate any claims you make concerning origin and subsequent packaging to make sure they conform to all applicable regulations.

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 this ruling, contact National Import Specialist George Barth at 212-637-7085.


Robert B. Swierupski

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