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NY 886008

May 25, 1993

CLA-2-94:S:N:N6:349 886008


TARIFF NO.: 9404.90.2000

Mr.Charles George
Tri-Bun Corp.
P. O. Box 485
Swedesboro, NJ 08085

RE: The tariff classification of a stadium seat cushion from China.

Dear Mr. George:

In your letter dated May 11, 1993, you requested a tariff classification ruling.

The submitted sample is a seat cushion that is approximately 15" in diameter and 2 1/2 " thick. The outer shell is made from polyvinyl chloride coated fabric and it contains a solid plastic foam pad. A small pouch made from the coated fabric is secured to the cushion by means of 2 VELCRO-like strips. The cushion has a carrying handle and an approximately 12" zippered opening in the side which allows for insertion and removal of the foam pad.

The applicable subheading for the seat cushion will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered, other, pillows, cushions and similar furnishings, other. The rate of duty will be 6% percent ad valorem.

No textile category is currently assigned to merchandise classified under this subheading.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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