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NY E89319

November 19, 1999

CLA-2-63:RR:NC:TA:349 E89319


TARIFF NO.: 6304.92.0000; 4202.92.1500

Debbie Moore
Global Transportation Services, Inc.
1930 Sixth Ave. So.
2 nd Floor
Seattle, WA 98134

RE: The tariff classification of a pillow sham and bag from China.

Dear Ms. Moore:

In your letter dated October 29, 1999, received in this office on November 3, 1999, you requested a classification ruling on behalf of Pacific Coast Feather Company.

The submitted samples, identified in your letter as bags 1 and 2, are considered a pillow sham or pillow cover and a travel bag. Although stated to be used as “retail packing” these items are not of the class or kind of usual packing for pillows and comforters. Bag 1 is a pillow sham/cover made from 100 percent cotton woven fabric. The rectangular piece of fabric has been folded over and is sewn on two sides. One end features an overlapping flap type closure. A vinyl pocket is attached to the outside of the flap. The sham/cover measures 21 x 29 inches. One side of the sham/cover is printed with the phrase “Calvin Klein home”. Bag 2 is a travel bag similar to a ruck sack in design. The article is of a kind normally used to contain clothing and other personal effects during travel. It measures approximately 24.5 x 34 inches. The bag is made from 100 percent cotton woven fabric. One end is fitted with a drawstring. The drawstring cord runs down one side of the bag and through a grommet. One side also contains the same print as the sham/cover.

The applicable subheading for the pillow sham/cover will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the travel bag will be 4202.92.1500, HTS, which provides for trunks, suitcases, vanity casesshopping bagswith outer surface of sheeting of plastic or of textile materials, with outer surface of textile materials, of vegetable fibers and not of pile or tufted constructions, of cotton. The duty rate will be 6.8 percent ad valorem.

Both items fall 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 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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.

Please note, that since the submitted samples are not considered packing they must be marked with their 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 these items.

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 212-637-7078.


Robert B. Swierupski

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