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NY H85613

November 19, 2001

CLA-2-05:RR:NC:SP:236 H85613


TARIFF NO.: 0509.00.0000

Ms. Irene Kwok
Concept 3 LTD
C\O Mr. Zakir Ally
330 Madison Ave., 12/F, Suite 1278
New York, NY 10017

RE: The tariff classification of Natural Silk Bleached Sea Sponge from the Philippines

Dear Ms. Kwok:

In your letter dated September 10, 2001, you requested a tariff classification ruling.

The applicable subheading for the Natural Silk Bleached Sea Sponge will be 0509.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Natural sponges of animal origin. The duty rate will be 3 percent ad valorem.

Articles classifiable under subheading 0509.00.0000, HTS, which are products of the Philippines, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Under the circumstances described in your letter, each item in the Natural Silk Bleaching Sea Sponge should be marked with its country of origin.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceeding at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue N.W., Washington, DC 20230. Written decision regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 Deborah Walsh at 646-733-3034.


Robert B. Swierupski

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