CLA-2-63-RR:NC:TA:349 F86047

Mrs. Dandy Manning-Karaca
Aleyna Trading Company
C/O Mrs. Helen Manning-Bradley
3 Oxeye Trail
Narragansett, RI 02882

RE: The tariff classification of futon covers, pillow covers and bolster covers from Turkey

Dear Mrs. Manning-Karaca:

In your letter dated March 29, 2000, received by this office on April 19, 2000, you requested a classification ruling.

You submitted a swatch of woven fabric and a photograph of a futon cover and pillow covers. We did not receive the swatch of Kilim/Soumak fabric or the photographs of the handbags, backpacks, luggage and shoes. The submitted fabric, which is referred to a "Goblen" fabric, is a jacquard woven fabric stated to be composed of 30 percent polyester, 30 percent cotton and 40 percent viscose rayon. The yarn dyed, staple fiber fabric will be imported in 140-centimeter widths. The futon covers are designed to encase 6 and 8-inch mattresses. They will be made entirely from the "Goblen" fabric or they may have a "Goblen" fabric main panel with the sides and backing made from a cotton fabric. The pillow covers and bolster covers will also be made from this "Goblen" fabric.

The "Kilim" fabric is stated to be 100 percent wool and the "Soumak" fabric contains wool, cotton and silk. Both of these fabrics are hand woven. The futon covers made from these fabrics will have either a "Kilim" or "Soumak" main panel and a cotton fabric back and sides. You have indicated that the "Kilim" pillow and bolster covers will have a cotton fabric backing. You also intend to make pillow and bolster covers from the "Soumak" fabric.

For the purpose of this ruling, we assume that the futon covers will not contain any embroidery, lace, braid, edging, trimming, piping or applique work and that the "Soumak" fabric is in chief weight wool.

You have also inquired as to the classification of handbags, backpacks and luggage made from the "Goblen", "Kilim" and "Soumak" fabrics and shoes made from the "Kilim" fabric. Your inquiry does not provide enough information for us to give a classification ruling on those items. Your request for a classification ruling should include a sample of the shoes and photographs and a representative sample of the handbags, backpacks and luggage. Also include the exact fiber content of the "Soumak" fabric. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The applicable subheading for the "Goblen" fabric will be 5516.93.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers: other: of yarns of different colors… jacquard weave. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the "Goblen" futon covers will be 6302.32.2060. HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: other… other. The duty rate will be 12 percent ad valorem.

The applicable subheading for the "Goblen" pillow and bolster covers will be 6304.99.6020, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: other… of artificial fibers. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for the "Kilim" and "Soumak" futon covers will be 6302.39.0010. HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of other textile materials… of wool or fine animal hair. The duty rate will be 6 percent ad valorem.

The applicable subheading for the "Kilim" and "Soumak" pillow and bolster covers will be 6304.99.6010, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: other… of wool or fine animal hair. The duty rate will be 4.5 percent ad valorem.

The "Goblen" fabric falls within textile category designation 220 and the "Goblen" futon, pillow and bolster covers fall within textile category designation 666. The "Kilim" and "Soumak" futon, pillow and bolster covers fall within textile category designation 469. Based upon international textile trade agreements products of Turkey falling within these textile categories are not subject to quota or visa restrictions.

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.USTREAS.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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division