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NY C84910

March 11, 1998

CLA-2-63:RR:NC:TA:349 C84910


TARIFF NO.: 6304.99.6020; 6307.90.9989

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of a throw and a pillow shell from China.

Dear Ms. Kelly-Kobayashi:

In your letter dated February 26, 1998 you requested a classification ruling on behalf of Arlee Home Fashions.

You submitted samples of a throw and a pillow shell. Both are woven with chenille yarns. The pillow shell is stated to be 100 percent rayon. It measures 18 inches square. The shell is sewn along three sides with a 4 inch unfinished opening on the fourth side. After importation the shell will be stuffed and sewn closed.

The fiber content of the throw is stated to be 75 percent rayon and 25 percent acrylic. The sample throw measures 50 x 60 inches but will also be available in a 42 x 60 inch size. Two edges are finished with a 6 inch knotted fringe. The instant samples are a solid color, but you indicate in your letter that the throw and pillow shell will be available in a variety of plaid patterns.

The applicable subheading for the throw will be 6304.99.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: other: of artificial fibers. The duty rate will be 5.1 percent ad valorem.

The applicable subheading for the pillow shell will be 6307.99.9989, HTS, which provides for other made up articles, including dress patterns: other: other: other... other: other. The duty rate will be 7 percent ad valorem.

The throw falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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. 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 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 212-466-5854.


Robert B. Swierupski

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