CLA-2 CO:R:C:T 954099 SK

John M. Peterson
Neville, Peterson & Williams
39 Broadway
New York, N.Y. 10006

RE: Modification of HRL 953296 (4/26/93); textile quota category for bed linen of man-made fibers is 666.

Dear Mr. Peterson;:

On April 26, 1993, this office issued you Headquarters Ruling Letter (HRL) 953296, in which we classified embroidered bed linen. Upon review, the textile quota category assigned to the pillow case and flat sheet made from synthetic fibers is determined to be in error.

FACTS:

In HRL 953296, Customs held that a pillow case and flat sheet made of man-made fibers were respectively classifiable under subheadings 6302.32.1020 and 6302.32.1040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provided for, in pertinent part, other bed linen of man-made fibers, containing any embroidery, dutiable at a rate of 17 percent ad valorem. The textile quota category assigned to these articles was 360. That quota category is incorrect; the appropriate textile quota category for both the pillow case and the flat sheet made from man-made fibers is 666.

HOLDING:

The man-made fiber pillowcases are classifiable under subheading 6302.32.1020, HTSUSA, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: containing any embroidery, lace, braid, edging, trimming, piping or applique work... pillowcases, other than bolster cases: not napped. The rate of duty is 17 percent ad valorem and the textile quota category is 666.

- 2 -

The man-made fiber flat sheets are classifiable under subheading 6302.32.1040, HTSUSA, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: containing any embroidery, lace, braid, edging, trimming, piping or applique work... sheets: not napped. The rate of duty is 17 percent ad valorem and the textile quota category is 666.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact his local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since 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 your client 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 updated weekly and is available for inspection at the local Customs office.

In order to ensure uniformity in Customs' classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1), HRL 953296 is modified to reflect the above classification effective with the date of this letter.

This modification is not retroactive. However, HRL 953296 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. If it can be shown that you relied on HRL 953296 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other agencies.


Sincerely,

John Durant, Director
Commercial Rulings Division