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NY J86855

August 21, 2003

CLA-2-63:RR:NC:TA:349 J86855


TARIFF NO.: 6303.91.0010; 6304.92.0000; 6302.31.5050; 6307.90.9889 9405.99.4000

Mr. Edouard Godingon
2365 SW 36th Avenue
Miami, FL 33145

RE: The tariff classification of a curtain, pillowsham, bed canopy, duvet cover, pintray and lampshade from India.

Dear Mr. Godingon:

In your letter dated July 17, 2003 you requested a classification ruling.

The submitted samples are a curtain, pillowsham, bed canopy, duvet cover, pintray and lampshade. All of the items are made from 100 percent cotton woven fabric. The curtain is sewn along three sides. The top end of the curtain has 7 tabs. One side of the curtain has an applique of a giraffe and various squares.

The pillowsham measures approximately 23 inches square. All of the edges are sewn. The back has an overlapping flap style opening to accommodate the insertion of a pillow. The face of the sham is decorated with embroidery and applique work.

The bed canopy is intended to be suspended from a ceiling and drape over a crib. Sewn to the top portion of the canopy is a metal ring that measures approximately 13 inches in diameter. The canopy also features a small plastic ring that is sewn to textile straps. This ring is used to attach the canopy to a ceiling support. The top portion of the canopy features embroidery.

The duvet cover is comprised of two panels. Three of the edges are sewn and the fourth has a partial opening with a flap closure. The front panel features embroidery and applique work.

The pintray measures approximately 21 x 23 inches. One end has colored tie strings. The pintray has several pockets of various sizes. Some pockets contain an embroidered design.

The collapsible lampshade features a metal frame that is not of brass material. The sides of the shade are covered with textile fabric. Sewn onto each corner of the shade is a textile strap onto which a small metal ring is attached. The shade measures 10 inches in width and 11.5 inches in height.

The applicable subheading for the curtain will be 6303.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of cotton window curtains (including drapes) and window valances. The duty rate will be 10.4 percent ad valorem.

The applicable subheading for the pillowsham and canopy will be 6304.92.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the duvet cover will be 6302.31.5050, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: containing any embroidery, lace, braid, edging, trimming, piping or applique work: not napped other. The duty rate will be 21.2 percent ad valorem.

The applicable subheading for the pintray will be 6307.90.9889, HTS, which provides for other made up articlesother, other: other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the lampshade will be 9405.99.4000, HTS, which provides for lamps and lighting fittingsand parts thereof, not elsewhere specified or includedparts: other: of other than brass. The rate of duty will be 6 percent ad valorem.

The curtain, pillowsham and canopy fall within textile category designation 369. The duvet cover falls within textile category designation 362. Based upon international textile trade agreements duvet covers from India 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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