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NY H83882

August 10, 2001

CLA-2-63:RR:NC:TA:349 H83882


TARIFF NO.: 6302.91.0035; 6304.92.0000; 6307.10.2027; 6211.42.0081

Mr. Sam Elmeceery
Universal Trade Services
149 Sawmill Lakes Blvd.
Ponte Vedra Beach, FL 32004

RE: The tariff classification of a pot holder, dishcloth, apron and kitchen towel from India

Dear Mr. Elmeceery:

In your letter dated July 25, 2001 you requested a classification ruling.

You submitted samples of a potholder, dish cloth, apron and kitchen towel. The potholder, Article 1, has an outer shell made from 100 percent cotton woven check fabric. It is filled with a layer of plastic foam and quilted through all three layers. The potholders will be made in 7 and 8-inch square sizes. The dishcloth, Article 2, is made from a 100 percent cotton fabric woven with a waffle effect. The four corners are rounded and the edges are finished with an overlock stitch. The dishcloths will be made in 12 x 13, 12 x 12 and 15 x 15 inch sizes.

The bib-type apron, Article 3, is made from 100 percent cotton woven plaid fabric. The garment covers the entire front of the torso and has a self-fabric strap that extends around the neck and self-fabric ties at the waist. There is a large pocket at the center of the apron. It will be made in three sizes. The kitchen towel, Article 9, is made from 100 percent cotton fabric and is hemmed on all four sides. The submitted towel features a jacquard woven tulip design. It will be imported in 15 x 25, 16 x 26, 18 x 28 and 20 x 28 inch sizes.

The applicable subheading for the potholder, Article 1, will be 6304.92.0000, 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 cotton. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for the dishcloth, Article 2, will be 6307.10.2027, HTS, which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: dustcloths, mop cloths and polishing cloths: other dish cloths: of cotton. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for the apron, Article 3, will be 6211.42.0081, HTS, which provides for tracksuits, ski-suits and swimwear; other garments: other garments, women's or girls: of cotton other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the kitchen towel, Article 9, will be 6302.91.0035, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of cotton other: towels: jacquard figured. The duty rate will be 9.6 percent ad valorem.

The potholder and dishcloth fall within textile category designation 369. The apron falls within textile category designation 359 and the jacquard woven towel falls within textile category designation 363. Based upon international textile trade agreements products of India are subject to visa requirements. The apron and jacquard towel are also subject to quota restrictions.

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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