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NY L83430

March 31, 2005

CLA-2-63:RR:NC:N3:351 L83430


TARIFF NO.: 6307.90.9889

Jim Brown
Purchasing Manager
Southern Glove, Inc.
P.O. Box 579
Conover, NC 28613-0579

RE: The tariff classification of a pooch pad imported from Honduras. Correction to Customs Ruling Number L81107.

Dear Mr. Brown:

This ruling is being issued to correct Customs Ruling Number L81107, dated Dec. 1, 2004. The ruling letter did not include style numbers because at that time you did not know them; you have, in a letter dated March 15, 2005, supplied those style numbers. A complete corrected ruling follows.

In your letter dated November 12, 2004, you requested a tariff classification ruling.

The submitted sample is identified as a Pooch Pad with Foam. The item consists of a zippered outer shell measuring approximately 16” x 10” with a foam pad that fits inside. The top layer of the shell is made of 100 percent polyester knit, the middle is 100 percent polyurethane foam, and the bottom layer is 27 percent polyester and 73 percent PVC.

The pads will have the following style numbers: PPVK100Z, -200Z, -300Z, -400Z, -500Z, -700Z, -JR1Z, -JR2Z, -JR3Z, -JR4Z; PPESCORTZ; PP2418Z, PP3021Z, PP3624Z, and PP4830Z.

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

In your March 15th letter, you state that the top portion of the shell is made in China, the bottom portion is made in Canada, and the foam pad in the center is made in the United States and inserted after importation. You have not given us enough information to make a country of origin determination. If you would like one, please send us a sample of the shell as imported and an explanation of what processes are performed in Honduras.

You state that you intend to indicate the U.S. origin of the foam pad on your label. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article or part of it is made in the U.S.

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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