CLA-2 CO:R:C:G 082076 HP 827589

Mr. Vito A. Pipitone
John F. Kilroy Co., Inc.
Suite 1569
One World Trade Center
New York, NY 10048

RE: Classification of certain Duvet Covers

Dear Mr. Pipitone:

This is in reply to your letter of January 7, 1988, concerning the tariff classification of two types of duvet covers, produced in Belgium, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of two styles of 100 percent cotton woven duvet quilted covers. Both styles are padded and quilt-stitched with a non-woven polyester fill between the upper and lining fabrics. The bottom fabric has been sewn on three sides to the three layered top portion with one end opened to allow insertion of a comforter/quilt. The first cover has a floral print fabric on the upper surface and a solid pink fabric on the bottom surface. The second cover has all plain white fabrics, and the quilt stitching is a rain drop design and two bands of embroidery.

ISSUE:

Whether the merchandise is considered articles of bedding or other bed linen under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Heading 9404, HTSUSA, provides for articles of bedding and similar furnishings internally filled with any material. The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. Explanatory Note 94.04(e) states that heading 9404 excludes "Pillow-cases, eiderdown or duvet covers (heading 63.02)."

Heading 6302, HTSUSA, provides for bed linen, of various materials, in various subheadings. The merchandise at issue consists of bed linen of a cotton exterior and a polyester filling. The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

GRI 3 states, in pertinent part:

When by application of Rule 2(b) [goods of more than one material or substance] or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

* * *

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a) [which requires that goods be classified, if possible, under the more specific of the competing provisions], shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

It is clear in this matter that the cotton component of the duvet covers gives the merchandise their essential character. It composes 100 percent of the exterior, while the polyester provides only provides an extremely thin lining between two layers. The polyester also adds to the merchandise very little in terms of softness, and is not a major factor in the article's salability. As a result, the merchandise shall be classified as is it consisted solely of cotton.

HOLDING:

The printed duvet cover is classified under 6302.21.2060, textile category 362, as bed linen, table linen, toilet linen and kitchen linen, other bed linen, printed, of cotton, other, other, other. The applicable rate of duty is 7.6 percent. The embroidered duvet cover is classified under 6302.31.1060, textile category 362, as 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, other, other. The applicable rate of duty is 23.8 percent.

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


Sincerely,


John Durant, Director
Commercial Rulings Division