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NY H81550




June 26, 2001

CLA-2-63:RR:NC:TA:349 H81550

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.31.9050

Ms. Yvonne Sherri Lopez
AFI (California), Inc.
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

RE: The tariff classification of a sleep sack from China.

Dear Ms. Lopez:

In your letter dated May 23, 2001 you requested a classification ruling on behalf of Franktex, Inc..

The instant sample, identified as “Sleeping Bag Liner”, is a sleeping sack with a small carry pouch. The sack is made from 55 percent cotton and 45 percent polyester woven fabric. It measures approximately 42 x 72 inches and is sewn together on three sides. One end of the sack has a pocket that is formed by a folded length of material sewn on its sides. This pocket can be used to accommodate the insertion of a pillow. The portion of the top sheet near the pillow insert is not sewn down, forming a flap that allows a person to easily slip into and out of the sleep sack. The small carry pouch is made from the same woven fabric as the sack and has a drawstring closure.

The applicable subheading for the sack will be 6302.31.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: other: not napped. other. The duty rate will be 7 percent ad valorem.

The sleep sack falls within textile category designation 362. 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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