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NY F84019




March 22, 2000

CLA-2-63:RR:NC:TA:349 F84019

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000; 6307.90.9989; 4202.92.9026

Ms. Alice Liu
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of pillows and a wine bottle cover from China.

Dear Ms. Liu:

In your letter dated February 29, 2000 you requested a classification ruling.

Item #C74L0211, described as a velvet Christmas wallhanging decoration, is a mini decorative pillow. The outer shell of the pillow is made from 100 percent man-made fiber velvet woven fabric. It is stuffed with a polyester filler. One side of the mini pillow contains embroidery and an applique of a Santa Claus and stars. A loop is sewn to one corner of the mini pillow. The mini pillow measures approximately 7 x 10 inches.

Item #C7460452 is a pillow that measures 11 x 11 inches. The outer shell is made from man-made fiber velvet woven fabric. It is stuffed with a polyester filler. The front portion of the pillow features silver beads that create a snowflake design. One corner of the pillow has a gold tassel and the opposite corner a loop. This pillow is capable of supporting the head and neck.

Item #C4K0957 is a textile wine bottle holder. The item is a bag manufactured from man-made fiber woven velvet fabric. It is comprised of a tubular main body and a round bottom. The bag is sized to hold a single bottle of wine and measures 13" high and has a 4" diameter base. It is lined with woven fabric. Affixed to the bag is a cord with tassels on each end. This bottle holder is of a kind normally sold at retail as a bag for wine or spirits. It is substantially constructed. As requested the samples are being returned.

The applicable subheading for item #C74L0211 will be 6307.90.9989, Harmonized Tariff Schedule of the United States (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 applicable subheading for item #C7460452 will be 9404.90.2000, HTS, which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) filled with springs or stuffed or internally filled with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem.

The applicable subheading for item #C4K0957 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for gun cases, holsters, and similar containerswith outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Presently, items classified in subheadings 6307.90.9989 and 9404.90.2000, HTS are not assigned a textile category designation and items classified therein are not subject to the requirements of quota or visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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