CLA-2-63:RR:NC:N3:351 K83296
Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194
RE: The tariff classification of protection bags and pillow cases from China
Dear Mr. Anderson:
In your letter dated February 6, 2004, you requested a tariff classification ruling. The ruling request is on behalf of Celeste Industries Corporation.
The first sample submitted, identified as “Protection Pack Bags”, are of various sizes, white in color, and are constructed of 100 percent non-woven polypropylene materials. They all have “heat bonded” sides with an open slit for placing an article inside. You indicate that these bags are used to provide protection from scratches and blemishes to the finishes of automotive industry parts such as light lenses, mirrors, hubcaps, etc.
The applicable subheading for the bags will be 6305.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for the packing of goods: of man-made textiles:…other. The rate of duty will be 8.4 percent.
HTS 6305.39.0000 falls within textile category designation 669. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.
You also submitted samples of disposable pillowcases referred to as Part numbers TR-PC15194, TR-PC125165DL and TR-PCAA/2. They are made from 100 percent polypropylene nonwoven fabric. The fabric is folded and heat-sealed along the two sides creating the pillowcase. The open end of the pillowcases may have an internal flap closure, a ½-inch external offset or even edges. They will measure 15 x 19, 12.5 x 16.5 and 11.5 x 16.5 inches respectively and will be made from either 32 or 28 grams per square meter fabric. They pillowcases will be sold to the airline industry.
You suggest classification under 6304.19.2000, HTS as other furnishing articles. That subheading provides for woven man-made fiber bedspreads. The submitted items are designed and used as pillowcases. The fact that they are disposable does not change that. Heading 6302, HTS, provides for, among other things, bed linen. The Explanatory Notes to Heading 6302 lists sheets, pillowcases, bolster cases, eiderdown cases and mattress covers as examples of bed linen. The submitted pillowcases will be classified as pillowcases under the bed linen provision.
The applicable subheading for the disposable pillowcases will be 6302.32.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: other... pillowcases, other than bolster cases: not napped. The duty rate will be 11.4 percent ad valorem.
The disposable pillowcases fall within textile category designation 666. 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 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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division