CLA-2-63:RR:NC:TP:349 A86479
Ms. Mary B. Lind
Pioneer International Customhouse Brokerage, Inc.
130 Battery Street
Suite 300
San Francisco, CA 94111
RE: The tariff classification of cushion shells from China.
Dear Ms. Lind:
In your letter dated August 9, 1996 you requested a
classification ruling on behalf of Frank's Trading Company.
You submitted four navy blue cushion shells. These shells
are all made of 100 percent cotton woven fabric. They range from
16-1/2 inches square to 27 inches square and are sewn along three
sides with a 5 inch opening on the fourth side. The edges on two
of the shells are finished with piping, while the edges on
another is finished with a ruffle. One of the shells has two
fabric ties at the edge which will be used to attach the finished
cushion to a chair. After importation the shells will be stuffed
and sewn closed.
The applicable subheading for the shells will be
6307.90.8945, Harmonized Tariff Schedule of the United States
(HTS), which provides for other made up articles, including dress
patterns: other: other: surgical towels; cotton towels of pile or
tufted construction; pillow shells, of cotton; shells for quilts,
eiderdowns, comforters and similar articles of cotton... pillow
shells, of cotton. The duty rate will be 7 percent ad valorem.
The cushion shells falls 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 may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. 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 that
you 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 available for inspection at
your local Customs office.
The submitted sample is not marked with its 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 this item.
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 212-466-5854.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division