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

Ms. Antoinette McKnight
American Shipping Company Inc.
250 Moonachie Rd., 5th Floor
Moonachie, NJ 07074

RE: The tariff classification of tablecloth from Taiwan

Dear Ms. McKnight:

In your letter dated October 2, 2009 you requested a tariff classification ruling on behalf of Bardwil Industries.

The submitted sample, identified as style # 1786, is a tablecloth. It is stated to be made from 100 percent RePET which is created from recycled plastic bottles. The polyethylene terephthalate thermoplastic polymer resin is formed into polyester yarns. The tablecloth is woven with a pattern of small squares formed by varying the length of the floats. The submitted 60 x 84 inch tablecloth is hemmed on all four sides.

The applicable subheading for the tablecloth will be 6302.53.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen, and kitchen linen: other table linen: of man-made fibers… tablecloths and napkins: other. The duty rate will be 11.3 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 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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division