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NY H81515




June 20, 2001

CLA-2-63:RR:NC:TA:349 H81515

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.51.4000

Ms. Kim Supik
Bess Manufacturing Company
1807-27 East Huntingdon Street
Philadelphia, PA 19125

RE: The tariff classification of a pillow shell, table runners and a placemat from India

Dear Ms. Supik:

In your letter you requested a classification ruling.

You submitted two table runners and a representative sample of a pillow shell. The “Rooster” table runner, Style # 8007 measures approximately 12.5 x 70 inches. A tassel is attached at each of the pointed ends. The runner is made from 67 percent cotton and 33 percent polyester jacquard woven fabric that features a rooster and sunflower design. A 13 x 19 inch “Rooster” placemat, also referred to as Style # 8007, will be made from the same fabric. The “Candles” table runner, Style # 8005, is made from 70 percent cotton and 30 percent polyester jacquard woven fabric. The jacquard design features candles of various sizes and colors, pinecones and holly. You submitted a portion of a runner as the representative sample of a pillow shell. The “Christmas Friends” pillow shell, Style #8003, will be made from 70 percent cotton and 30 percent polyester woven fabric. The jacquard design depicts a variety of snowmen in a winter/holiday theme.

The applicable subheading for the “Rooster” table runner and placemat, style number 8007, will be 6302.51.4000, 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: other. The duty rate will be 6.6 percent ad valorem.

The “Rooster” table runner and placemat fall within textile category designation 369. Based upon international textile trade agreements products of India are subject to 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.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.

We are can not provide you with a classification ruling on the “Christmas Friends” pillow shell and “Candles” table runner, style numbers 8003 and 8005, because we are precluded from issuing a ruling letter by the provisions of Sections 152.16 and 177.7 of the Customs Regulations (19 C.F.R. 152.16 and 177.7).

In Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the Court of International Trade issued a decision on the scope of the term “festive articles.” The time within which an application for rehearing or appeal may be filed has not yet expired. Since the classification of the articles which are the subject of this request for a ruling may be affected by the case before the Court in Park B. Smith, supra, we are precluded from issuing a ruling in this case.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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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