The tariff classification of a Handy Cone safety marker from China

N006239 February 8, 2007 CLA-2-63:RR:E:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Maya P. Jedlicka PacAtlantic Products 2305 West Parker Road Suite 205 Plano, TX 75023 RE: The tariff classification of a Handy Cone safety marker from China Dear Ms. Jedlicka: In your letter dated February 1, 2006, you requested a tariff classification ruling. The item in question is a safety marker that is used to alert people about a wet floor and is identified as a “Handy Cone.” You state that the item is 21”H x 20”W and is constructed of nylon textile fabric that covers a metal frame and has rubber feet. The accompanying photograph shows that the fabric features the words “CAUTION WET FLOOR” and the image of a falling man. The folded marker is packed in a hard plastic tube holder that is 22.5”H x 2.5” in diameter and has holes to attach to a wall for storage. We have determined that the textile fabric imparts the essential character to this composite good. The applicable subheading for the Handy Cone safety marker will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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/. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division