The tariff classification of a chemically-treated cotton bed band from Pakistan

N165862 May 23, 2011 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Michael Pipitone John F. Kilroy Company, Inc. One Cross Island Plaza Suite 203 E Rosedale, NY 11422 RE: The tariff classification of a chemically-treated cotton bed band from Pakistan Dear Mr. Pipitone: In your letter dated May 11, 2011, you requested a tariff classification ruling on behalf of your client, Innovative Textile Solutions, of New York. You submitted a sample of an item you refer to as a bed band, no style number given. The item is a length of woven cotton fabric, one foot wide and 22 feet long, that wraps around a mattress and fastens with Velcro® hook-and-loop fastener strips. Your letter describes it as “100% cotton bed band with active ingredient permethrin designed to kill bed bugs.” The packaging states that the item is “designed to kill bed bugs.” It will be marketed under the name of Sweep™ Bedding Systems. The applicable subheading for the Sweep™ bed band 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. Articles classifiable under subheading 6307.90.9889, HTSUS, which are products of Pakistan, are currently entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP.” The submitted sample is not marked with the country of origin listed in your letter; it is marked “Made in China.” 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. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. 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 http://www.usitc.gov/tata/hts/. Your sample is being returned. 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