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NY I88636

December 12, 2002

CLA-2-63:RR:NC:TA:349 I88636


TARIFF NO.: 6304.92.0000

Mr. Joel G. McClure
Restoration Hardware
2391 West Winton Avenue
Hayward, CA 94545

RE: The tariff classification of a chaise lounge chair cover from Turkey.

Dear Mr. McClure:

In your letter dated November 27, 2002 you requested a classification ruling.

The submitted sample, style # 1725-0036, is a chaise lounge chair cover . The cover is made from 100 percent cotton woven terry fabric. Both sides of the cover contain uncut loops. It is rectangular in shape and measures 28 inches in width by 80 inches in length. One end of the cover has been folded over and sewn forming a pouch. This pouch slips over the head portion of a patio or pool lounge chair. The edges are hemmed. One end of the cover is embroidered with an emblem.

The applicable subheading for the 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 6.9 percent ad valorem. Effective 2003 the duty rate will be 6.4 percent ad valorem.

The cover falls within textile category designation 369. Based upon international textile trade agreements products of Turkey are not subject to quota or visa requirements.

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.

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.


Robert B. Swierupski

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