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NY M80064




January 31, 2006

CLA-2-63:RR:NC:N3:349 M80064

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.21.9010; 6302.21.9020

Mr. Jack H. Daniel, Jr.
International Forwarders, Inc.
18008 Associates Lane
Charlotte, NC 28217

RE: The tariff classification of a pillowcase and sheet from Pakistan.

Dear Mr. Daniel:

In your letter dated January 18, 2006 you requested a classification ruling on behalf of Chenab USA.

You will be importing a sheet set style “black tree 1”. The set will include a flat sheet, fitted sheet and pillowcase. A sample of the pillowcase was submitted with your request. Both the pillowcase and sheet will be made from 100 percent cotton woven fabric. The fabric is printed and not napped. The pillowcase is sewn along three sides with a slit opening along one end. The raw edge along the open end is finished with a strip of binding fabric. The top edge of the flat sheet will contain the same hem treatment as the pillow. The sheets and pillowcase do not contain any embroidery, lac0e, braid, edging, trimming, piping or applique work.

In your letter you refer to the flat sheet, fitted sheet and pillowcase as a “set”. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which:

(a) consist of at least two different articles which are prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; (c) are put up in a manner suitable for sale directly to users without repacking.

The flat sheet, fitted sheet and pillowcase do not qualify as “goods put up for retail sale” as the components of the set are classifiable under the same subheading. Each item in the set will be classified separately.

The applicable subheading for the pillowcases will be 6302.21.9010, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen, printed: of cotton: other: not napped pillowcases, other than bolster cases. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for the flat and fitted sheets will be 6302.21.9020, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen, printed: of cotton: other: not napped... sheets. The rate of duty will be 6.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The pillowcase falls within textile category designation 360. The sheets fall within textile category designation. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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