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August 25, 1999

CLA-2-56:RR:NC:TA:350 E86232


TARIFF NO.: 5601.21.0090

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of disposable cotton swabs for general use, from China.

Dear Mr. Sirico:

In your letter dated August 12, 1999, on behalf of Sauvage Cosmetique, Dahlonega, GA, you requested a classification ruling.

The instant samples, packaged 6 in a sealed plastic wrapper which has been inserted into a small cardboard box, consist of plastic stems containing a cotton wadding affixed to each end. These swabs measure about 3" in overall length.

You suggest that these cotton swabs are classifiable in subheading 9616.20.0000, HTS, which will be referred to below.

Heading 9616 covers: Scent sprayers and similar toilet sprayers, and mounts and heads therefor; powder puffs and pads for the application of cosmetics or toilet preparations:

Subheading 9616.20.0000 applies to:

Powder puffs and pads for the application of cosmetics or toilet preparations..............

The Explanatory Note for Heading 9616 reads, in part:


9616.2 -Powder?puffs and pads for the application of cosmetics or toilet preparations This heading covers:

(4) Powder?puffs and pads for applying any kind of cosmetic or toilet preparation (face?powder, rouge, talcum?powder, etc.). They may be made of any material (swan's or eider?down, skin, animal hair, pile fabrics, foam rubber, etc.), and they remain in this heading whether or not they have handles or trimmings of ivory, tortoise?shell, bone, plastics, base metal, precious metal or metal clad with precious metal.

Your pads are of a general purpose use, not dedicated or solely used for applying cosmetics. Further, the Explanatory Notes, though not legal, are the official interpretation of the intent of the Headings. Although the pads may be of "any" material, the listed products (note 4, above) are indicative of items that are of a more elaborate construction (handles, precious metal, pile fabric), have a certain degree of permanency, and will be used repetitively. They are not of a one time use, them discarded, such as the subject cotton swabs.

Therefore, the applicable subheading for the swabs will be 5601.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of cotton wadding. The duty rate will be 369.

This merchandise falls within textile category designation 369. 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 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.

Please be advised that the marking of the representative samples is misleading. Since these swabs are ostensibly made in China, such marking as AMade in China@ should be in close proximity to your reference on the box to the parent company or subsidiary: ASauvage Cosmetique GMBH, Kassel - Germany.@

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 George Barth at 212-637-7085.


Robert B. Swierupski

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