The tariff classification of a sheet set from India

N067136 July 13, 2009 CLA-2-63:RR:NC:N3:349 CATEGORY: Classification TARIFF NO.: 6302.31.5020 Mr. Bgk Nair Grace Home Fashions 7 West 34th Street, Suite # 1013 New York, NY 10001 RE: The tariff classification of a sheet set from India Dear Mr. Nair: In your letter dated June 30, 2009 you requested a classification ruling You will be importing a sheet set. The set will include a flat sheet, fitted sheet and pillowcases. A sample of the pillowcase representing the hem treatment being used on the flat sheet and pillowcase was submitted with your request. All of the items will be made from 100 percent cotton sateen woven stripe fabric. The fabric is not printed or napped. The open end of the pillowcase has a 4.25-inch wide self hem. The hem is held by a single row of stitching. A decorative row of stitching sometimes referred to as a hemstitching or picot stitching is superimposed on the finished hem. The row of hemstitching or picot stitching on the pillowcase and flat sheet is decorative and considered embroidery. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which: (a) consist of at least two different articles which are prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; (c) are put up in a manner suitable for sale directly to users with repacking The flat sheet, fitted sheet and pillowcases meet the qualifications of "goods put up in sets for retail sale." The components of the set consist of at least two different articles which are, prima facie, classifiable in different headings (pillowcases containing embroidery, flat sheet containing embroidery and a plain fitted sheet). They are put up together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. The applicable subheading for the sheet set will be 6302.31.5020, 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: containing any embroidery, lace, braid, edging, trimming, piping or appliqué work: not napped… sheets. The duty rate will be 20.9 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/. 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