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NY J88459




September 30, 2003

CLA-2-63:RR:NC:TA:349 J88459

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Ms. Rheci Abustan
CHF Industries, Inc.
One Park Avenue
New York, NY 10016

RE: The tariff classification of a pillow sham from India.

Dear Ms. Abustan:

In your letter dated September 10, 2003 you requested a classification ruling.

The submitted sample is a pillow sham. The sham is made from 100 percent cotton woven fabric. The front panel is comprised of a top layer, an insignificant amount of padding and a back layer. The three layers of the front panel are stitched with a falling leaf pattern. The stitching goes through all three layers. The back panel features a slit opening with a tie string closure. It measures approximately 20 x 29 inches. As requested the sample is being returned.

The applicable subheading for the pillow sham will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.4 percent ad valorem.

The sham falls within textile category designation 369. Based upon international textile trade agreements products of India 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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