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NY G85431





January 11, 2001

CLA-2-63:RR:NC:TA:349 G85431

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.51.2000; 6302.51.4000; 6307.90.8945

Mr. Floyd Sirico
Rogers & Brown Customs Brokers
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of tablecloth, napkin, runner, placemat and chair pad shells from China.

Dear Mr. Sirico:

In your letter dated December 14, 2000 you requested a classification ruling on behalf of Franco Manufacturing Company, Inc.

You submitted various samples. The tablecloths are made from 52 percent cotton and 48 percent polyester woven fabric. One version will be printed and the other will contain embroidery. All of the edges are hemmed. The tablecloths will be imported in various sizes including 52 x 52, 52 x 70, 60 x 84, 60 x 102 and 60 x 120 inches.

The napkins are made from 52 percent cotton and 48 percent polyester woven fabric. All of the sides are hemmed and they measure 20 inches square. One version will contain embroidery and the other will be printed.

The table runner is comprised of two pieces of fabric sewn along the edges. The fabrics are made from 52 percent cotton and 48 percent polyester fibers. This reversible runner is printed with a floral design on one side. The table runner will be available in two sizes 13 x 72 and 13 x 90 inches. It has two pointed ends with a tassel attached to each end.

The placemats are made from 52 percent cotton and 48 percent polyester woven fabric. They are rectangular in shape and measure 14 x 20 inches. All of the sides are sewn. The placemats will be available in a reversible printed version and an embroidered version.

The two chair pad shells are made from 52 percent cotton and 48 percent polyester woven fabric. The shells are comprised of two panels that are sewn together along the edges. One edge has an approximately 5-inch opening. Both shells have two fabric ties at the edge that will be used to attach the finished cushion to a chair. One shell has a skirt added along three sides. The skirt contains embroidery. The second shell is reversible with a printed floral design on one side. After importation the shells will be stuffed and sewn closed. As requested the samples are being returned.

The applicable subheading for the tablecloths and napkins will be 6302.51.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: tablecloths and napkins: other: plain woven. The duty rate will be 5 percent ad valorem.

The applicable subheading for the table runner and placemats will be 6302.51.4000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: other. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for the chair pad shells will be 6307.90.8945, 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 tablecloths, napkins, table runner, placemats and chair pad shells fall within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.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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