CLA-2-63:RR:NC:N3:349

R.I. Hasson
Independent Brokerage, LLC
10 Fifth Street, Suite 403
Valley Stream, NY 11581

RE: The tariff classification of a sleep sack from China

Dear Mr. Hasson:

In your letter dated June 11, 2007 you requested a classification ruling on behalf of Levinsohn Textile.

The instant sample, identified as “Travel fresh personal sleep sack”, is a sleeping sack with a small carry pouch. The sack is made from 100 percent polyester woven fabric. The fabric is not printed or napped. The sleep sack measures approximately 42 x 93 inches and is sewn together on four sides. The face panel features a slit opening. The slit opening is designed to allow the insertion of a pillow at the top end and the bottom portion allows a person to easily slip into and out of the sleep sack. The small carry pouch is made from the same woven fabric as the sack and has a drawstring closure. The sleep sack does not contain any embroidery, lace, trimming, etc.    The applicable subheading for the mattress cover will be 6302.32.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: other…. other: other. The duty rate will be 11.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The sleep sack falls within textile category designation 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division