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NY K80657




December 4, 2003
CLA-2-63:RR:NC:TA:349 K80657

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.99.2000

Ms. Donna Palermo
Mid-America Overseas, Inc.
1180 McLester Street, Suite #7
Elizabeth, NJ 07201

RE: The tariff classification of a bath pad from Hong Kong.

Dear Ms. Palermo:

In your letter dated November 11, 2003 you requested a classification ruling on behalf of Guest Supply Inc.

The submitted sample, referred to as a “loofah”, is a textile bath pad. The pad is comprised of a thin circular shaped piece of plastic foam that is covered entirely with textile. The woven terry fabric is stated to be made from 50 percent cotton and 50 percent hemp. The edges are finished with a binding fabric. One side of the pad has a woven strap. The strap and binding fabric are stated to be made from polyester. The pad measures approximately 4.75 inches in diameter. This item is used in the bath as an exfoliator.

Please note, due to the fact that the bath pad is to be constructed of a 50/50 blend of fibers, it is classified using Section XI Subheading Note 2(A) and Section Note 2(A). The pad will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The bath pad may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the bath pad will be 6302.99.2000, Harmonized Tariff Schedule of the United States (HTS) , which provides for bed linen, table linen, toilet linen and kitchen linen: other: of other textile materials: other. The duty rate will be 8.5 percent ad valorem. The duty rate for 2004 will be 8.4 percent ad valorem

The pad falls within textile category designation 899. Based upon international textile trade agreements products from Hong Kong are not subject to quota and visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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