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NY N013890




July 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Stephanie Revitte
Film Logic Customs Brokers, Inc.
13126 S. Broadway
Los Angeles, CA 90061

RE: The tariff classification of mattress cover from China

Dear Ms. Revitte:

In your letter dated July 3, 2007 you requested a tariff classification ruling on behalf of Boyd Flotation, Inc.

The submitted sample is a mattress cover. You state that the cover is made from 55 percent acrylic and 45 percent fiberglass knit fabric. It features a zipper closure along three sides. The cover is designed to fit over a foam mattress. This cover is not the type of mattress cover that is normally classified as bed linen. The man-made fiber provides the essential character of the cover.

The applicable subheading for the mattress cover will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted... of man-made fibers. The duty rate will be 5.8 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 mattress cover falls within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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