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July 19, 1999

CLA-2-63:RR:NC:TA:349 E81993

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.8945; 6307.90.9989

Ms. Mary B. Lind
Pioneer International Customhouse Brokerage, Inc. 130 Battery Street
Suite 300
San Francisco, CA 94111

RE: The tariff classification of a pillow shell from China.

Dear Ms. Lind:

In your letter dated May 18, 1999 received by this office on June 4, 1999, you requested a classification ruling on behalf of Franktex, Inc.

You submitted a sample of a pillow shell that resembles a tee shirt. The shell will be made from either 55 percent polyester and 45 percent cotton or 100 cotton knit fabric. The waist and sleeves of the shirt are sewn closed. The neck has been left open. After importation the shell will be stuffed and the neck sewn closed. Although, the submitted shell is made from a tee shirt it can not be used as wearing apparel.

The applicable subheading for the shell in chief weight cotton will be 6307.90.8945, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton... pillow shells, of cotton. The duty rate will be 7 percent ad valorem.

The applicable subheading for the shell in chief weight polyester will be 6307.90.9989, HTS, which provides for other made up articles, including dress patterns: other: other: otherĀ other: other. The duty rate will be 7 percent ad valorem.

The shell in chief weight cotton falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Presently, there is no textile category designation assigned to 6307.90.99089, HTS, and items classified therein are not subject to quota or visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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