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NY 812897




August 11, 1995

CLA-2-63:S:N:N6:349 812897

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.39.0030

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of comforter cover from China.

Dear Ms. Cumins:

In your letter dated July 17, 1995, on behalf of Tessile, Inc. you requested a classification ruling.

The submitted sample, style no. 500, is a cream and white comforter cover. The top panel of the cover is made of 52 percent linen and 48 percent cotton damask woven fabric. The bottom panel is made of 100 percent cotton woven fabric. It is sewn on three sides and the fourth has a partial opening to allow for the insertion of a comforter. The opening along the fourth side features a button closure. The comforter measures 63 x 81 inches. The top panel of the cover contains a floral jacquard design. It is this damask top panel that conveys the essential character of the comforter cover. Please note that even a slight change in the fiber content of the 52 percent linen and 48 percent cotton fabric may result in a change in classification as well as visa and quota requirements. The comforter cover may be subject to U.S. Customs laboratory analysis at the time of importation and if it is found to be other than 52 percent linen and 48 percent cotton it may be reclassified at that time.

The applicable subheading for the comforter cover will be 6302.39.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of other textile materials... other: other. The duty rate will be 8.2 percent ad valorem.

The comforter cover falls within textile category designation 899. Based upon international textile trade agreements products of China are subject to visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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