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

Antoinette McKnight
American Shipping Company Inc.
250 Moonachie Rd., 5th Floor
Moonachie, NJ 07074

RE: The tariff classification of pillowcases from China

Dear Ms. McKnight:

In your letter dated August 19, 2008 you requested a classification ruling on behalf of Welspun USA.

The submitted samples, style names Gavan, Vitoria, Chad, Jacques and Avery, are pillowcases. All of the pillowcases are made from a 100 percent cotton woven sateen fabric. The fabric is not printed or napped. The open end of pillowcases features a 4-inch wide self hem. The hem on Style Gavan is completed with a ? inch wide embroidered stylized vine. Style Vitoria contains a ? inch wide embroidered vine and leaf design. Style Chad has as ¼ inch wide herringbone pattern embroidered hem treatment. Style Jacques features a hem treatment that consists of a ½ inch wide embroidered vine pattern. Style Avery contains a ? inch wide embroidered vine and leaf design completing the hem. Although all of the styles contain highly decorative embroidered stitches these embroidered stitches are the only stitches holding the hem. Following Headquarters Ruling Letter (HQ) 955576, dated June 1, 1994, noted that if the decorative stitching was required to complete the hem, it was functional and therefore did not constitute embroidery. In this case the decorative stitching on all of the pillowcases is not considered embroidery. The applicable subheading for all of the pillowcases will be 6302.31.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: other: not napped… pillowcases, other than bolster cases. The duty rate will be 6.7 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 pillowcases fall within textile category 360. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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