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NY A86479

August 21, 1996

CLA-2-63:RR:NC:TP:349 A86479


TARIFF NO.: 6307.90.8945

Ms. Mary B. Lind
Pioneer International Customhouse Brokerage, Inc. 130 Battery Street
Suite 300
San Francisco, CA 94111

RE: The tariff classification of cushion shells from China.

Dear Ms. Lind:

In your letter dated August 9, 1996 you requested a classification ruling on behalf of Frank's Trading Company.

You submitted four navy blue cushion shells. These shells are all made of 100 percent cotton woven fabric. They range from 16-1/2 inches square to 27 inches square and are sewn along three sides with a 5 inch opening on the fourth side. The edges on two of the shells are finished with piping, while the edges on another is finished with a ruffle. One of the shells has two fabric ties at the edge which will be used to attach the finished cushion to a chair. After importation the shells will be stuffed and sewn closed.

The applicable subheading for the shells will be 6307.90.8945, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton... pillow shells, of cotton. The duty rate will be 7 percent ad valorem.

The cushion shells falls within textile category designation 369. 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 212-466-5854.


Roger J. Silvestri

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