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NY J87232




September 3, 2003

CLA-2-63:RR:NC:TA:351 J87232

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Kristina Thomas
RGA Logistics
1818 Elsey Drive
Charleston, SC 29407-5734

RE: The tariff classification of a face mask from China and/or Honduras.

Dear Ms. Thomas:

In your letter dated August 18, 2003, on behalf Meshtex, you requested a tariff classification ruling.

The sample submitted is a face mask. The outer layers are constructed of woven textile fabric panels. The middle layer of this product is made of a knit fabric panel and a woven fabric panel. When first placed over the face, it covers the mouth. It unfolds down to tuck under the chin and a flap unfolds up to cover the eyes; this flap says, “DO NOT DISTURB.” The mask is held onto the face by a narrow elastic cord and a woven fabric strap with a plastic buckle. Attached onto each side is a textile cord with a plastic or rubber earplug.

The applicable subheading for the face mask will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

Articles classifiable under subheading 6307.90.9889, HTS, which are products of Honduras, 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 our Web site at www.cbp.gov and search for the term "GSP."

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.

Sincerely,

Robert B. Swierupski
Director,

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