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NY G85076

December 15, 2000

CLA-2-63:RR:NC:TA:349 G85076


TARIFF NO.: 6304.99.3500

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of oven mitt and potholder from China.

Dear Ms. Wierbicki:

In your letter dated November 30, 2000 you requested a classification ruling on behalf of Avon Products.

You submitted samples of a quilted potholder (PP# 216980) and an oven mitt (PP# 216982). The outer shell of both items is made from 55 percent ramie and 45 percent cotton woven printed fabric. Both items are stuffed with a textile batting and include an inner lining made from non-woven fabric. The oven mitt measures 6 x 12 inches. The opening on the bottom of the mitt is finished with a thin strip of capping and there is a small loop on the side used to hang the mitt. The potholder measures approximately 6.5 inches square and the edges are finished with a strip of woven fabric. There is a small hang loop along the top edge. You indicate in your letter these items will be imported and sold separately. As requested the samples are being returned.

The applicable subheading for the oven mitt and potholder will be 6304.99.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: other: of vegetable fibers (except cotton): other. The duty rate will be 11.9 percent ad valorem. Effective January 2001 the duty rate will be 11.8 percent ad valorem.

The oven mitt and potholder fall within textile category designation 899. Based upon international textile trade agreements products of China 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.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.


Robert B. Swierupski

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