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NY N015283




August 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000; 6304.93.0000

M. J. Murphy
E & B International Inc.
5353 E. Princess Anne Rd., Suite A
Norfolk, VA. 23502

RE: The tariff classification of a textile wine box cover from Philippines

Dear Mr. Murphy:

In your letter dated July 30, 2007 you requested a classification ruling on behalf of DRZ-UPZ Enterprises.

The submitted sample is a textile wine box cover. The cover is made from a woven blend of cotton and polyester fabrics. The box shaped cover has an opening on the bottom. One side features a hole for a spigot. The hole features a hook and loop fastener.

You suggest that the wine box cover should be classified in subheading 6307.90.9889, HTSUS. However, the item is a decorative cover and akin to tissue box and appliance covers that have been classified as furnishing articles in heading 6304, HTSUS.

The applicable subheading for the wine cover (chief weight cotton) will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the wine cover (chief weight polyester) will be 6304.93.0000, HTS, which other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.3 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 chief weight cotton cover falls within textile category designation 369. The chief weight polyester cover falls within textile category designation 666. 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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