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NY 808489

April 3, 1995

CLA-2-94:S:N:N6:349 808489


TARIFF NO.: 9404.90.1000

Mr. John W. Locker
Entrepreneur Venture Capital Inc.
First Bank Place
Suite 420
130 W. Superior Street
Duluth, Minnesota 55802

RE: The tariff classification of infant car seat cuhsion cover from China and Hong Kong.

Dear Mr. Locker:

In your letter dated March 22, 1995 you requested a classification ruling.

You submitted a prototype of an infant car seat cushion cover which you refer to as "Wee Cozy". The upper portion of the cushion cover is made of 100 percent cotton woven fabric and the sides and back are made of 65 percent polyester and 35 percent cotton woven fabric. It is filled with a polyester filler and measures approximately 44 x 65 centimeters. The sides of the cushion cover are elasticized to secure it to a car seat. There is an opening through which restraints will protrude. The front portion is printed with a safari design. As requested the sample is being returned.

The applicable subheading for the car seat cushion will be 9404.90.1000, 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: of cotton. The duty rate will be 5.9 percent ad valorem.

The cover falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products of Hong Kong are subject an export license.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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
New York Seaport

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