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NY I89892

January 29, 2003

CLA-2-54:RR:NC:TA:351 I89892


TARIFF NO.: 5401.10.0000

Ms. Carol Bohan
Allstar Marketing Group LLC
4 Skyline Drive
Hawthorne, NY 10532

RE: The tariff classification of a “Fabric Sewing Cube” from China.

Dear Ms. Bohan:

In your letter dated January 14, 2003 you requested a classification ruling.

The sample submitted is a “Fabric Sewing Cube.” It consists of a paperboard box with a lid. The exterior is covered with floral polyester woven fabric. The interior of the box is covered with 60 percent polyester/40 percent cotton plain woven fabric with polyester filling. When the lid is removed, the four sides of the box collapse, being sewn only at the base. It contains 20 spools of various colored polyester threads, a scissors, and a tape measure. It features a center compartment with a lid, which serves as a pincushion. This compartment contains a thimble, safety pins, needles and straight pins. You stated that the final production model will contain 40 spools of polyester thread. We can only issue a ruling classification on what was submitted.

We assume that the threads meet the tariff definition of sewing thread. The textile threads impart the essential character of this article.

The applicable subheading for the “Fabric Sewing Cube” will be 5401.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for sewing thread of man-made filaments, whether or not put up for retail sale: Of synthetic filaments. The duty rate will be 11.6 percent ad valorem.

The thread of the “Fabric Sewing Cube” falls within textile category designation 200. 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.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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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