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NY M81783

April 5, 2006

CLA-2-63:RR:NC:N3:349 M81783


TARIFF NO.: 6302.60.0030

Ms. Dawn Z. Esser
IMG Outdoors
803 Carnelian St. #B
Redondo Beach, CA 90277

RE: The tariff classification of a mitt from Philippines.

Dear Ms. Esser:

In your letter dated February 27, 2006, received by this office on March 24, 2006 you requested a classification ruling.

The submitted sample, identified as “Sand Off Mitt”, is a dry body mitt. The face side of the mitt is made from cotton terry cloth fabric and it is backed with a layer of non-slip rubber. Attached to the reverse side of the mitt is a piece of mesh netting with an opening used for the insertion of a hand. The edges are finished with a strip of binding woven fabric. The terry side of the mitt is filled with a powder mixture of cornstarch and baking soda. Rubbing the mitt against the skin evenly dispenses the powder mixture on the body. The mitt is used to remove sand, grass clippings, sawdust, drywall dust, insulation and more.

The applicable subheading for the mitt will be 6302.60.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton towels: other. The duty rate will be 9.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The mitt falls within textile category designation 369. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

You have also inquired as to the marking requirements. The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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.


Robert B. Swierupski

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