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July 28, 1999

CLA-2-63:RR:NC:TA:349 E83918

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue – 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a textile wall hanging from China.

Dear Mr. Evan:

In your letter dated June 23, 1999 you requested a classification ruling on behalf of Mast Industries, Inc.

The instant sample, style no. H84576BL, is a textile wall hanging of a “smiley face”. The wall hanging is made from man-made fiber knit fabrics. The blue “smiley face” is stuffed with polyester fiberfill and plastic beans. The wall hanging features a hat and a small polyvinyl chloride (PVC) pouch that is attached to the back portion of the item. The hat functions as a closure for the pouch and is secured to the pouch by means of a hook and loop fastener. Affixed to the back portion of the hat is a cord, which will be used to attach the “smiley face” to a wall. The sample is being returned as requested.

The applicable subheading for the wall hanging will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted of man-made fibers. The duty rate will be 8.6 percent ad valorem.

The wall hanging falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and 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.

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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