CLA-2-61:OT:RR:NC:N3:358

Ms. Edith Tolchin
EGT Global Trading
P.O. Box 5660
Hillsborough, New Jersey 08844

RE: The tariff classification of an infant’s bib from China

Dear Ms. Tolchin:

In your letter dated August 2, 2016 and received by this office on August 24, 2016, you requested a tariff classification ruling on behalf of your client, Lisa Pullen dba Little K World. The sample that accompanied your letter will be returned to you, as requested.

You refer to the submitted sample as the Bib-Be-Down™. The sample is a bib that is secured around an infant’s neck and waist with hook and loop strips to keep the bib in place. You state the outer surface is made from cotton knit terry fabric while the inside surface is made from a finely knit cotton fabric. Upon closer examination of the sample, the outer surface is a woven loop pile (terry) fabric. Piping has been added to finish the edges.

The applicable subheading for the Bib-Be-Down™ will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Babies’ garments and clothing accessories: Of cotton: Other: Other: Other: Other.” The rate of duty will be 9.3 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 the World Wide Web at https://hts.usitc.gov/current.

You also requested information concerning marking and/or labeling requirements for this product. The submitted sample is unmarked.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Ave., Washington, DC 20580, as to whether the proposed marking satisfies such requirements.

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 Kim Wachtel at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division