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NY J81541




March 12, 2003

CLA-2-63:RR:NC:TA:349 J81541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.31.9050

Ms. Sue Wang
Comely Int’l Trading Inc.
303 Fifth Ave, Ste. 1903
New York, NY 10016

RE: The tariff classification of feather bed cover from China.

Dear Ms. Wang:

In your letter dated February 24, 2003 you requested a classification ruling.

The submitted sample, which you refer to as a feather bed shell, is a cover for a feather bed mattress topper. The cover is comprised of two sections joined together along the edges. The top section is made from 100 percent cotton woven fabric. This section features an opening along one of the long sides. The opening has a zipper closure. The fitted bottom section (which has the appearance of a fitted sheet) is made from 50 percent polyester and 50 percent cotton woven fabric. The bottom edge is fully elasticized. After importation a feather bed mattress topper will be inserted into the top portion. As requested the sample is being returned.

The applicable subheading for the feather bed cover 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 6.8 percent ad valorem.

The feather bed cover 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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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