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NY J88729




October 2, 2003

CLA-2-63:RR:NC:TA:349 J88729

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.31.9050

Ms. Joyce E. Jones
Amercian Pacific Enterprises Inc.
3901 Gantz Road, Suite A
Grove City, OH 43123

RE: The tariff classification of a duvet cover from China.

Dear Ms. Jones:

In your letter dated September 12, 2003 you requested a classification ruling.

The instant sample, item # 5109, is a duvet cover. The front and back panels of the are made from 100 percent cotton woven fabric. The front panel is yarn dyed with a fine stripe pattern. The back panel is a solid blue. All of the sides are sewn. The front panel features a placket type opening with12 fabric ties. The fabric ties have a wood bead attached to the ends. Piping that measures ΒΌ inch has been inserted on both sides of the placket opening. In your letter, you state that the imported duvet cover will be made without the rows of piping. As requested the sample is being returned.

The applicable subheading for the duvet 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 duvet 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 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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