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NY F87233

June 20, 2000

CLA-2-94:RR:NC:TA:349 F87233


TARIFF NO.: 9404.90.9536

Mr. Nathan Hedaya
Hedaya Home Fashions, Inc.
1111 Jefferson Avenue
Elizabeth, NJ 07201

RE: The tariff classification of a pillowsham from China.

Dear Mr. Hedaya:

In your letter dated May 22, 2000 you requested a classification ruling.

The instant merchandise is a 20 x 26 inch pillowsham. The front panel features a patchwork design. It is made from 55 percent ramie and 45 percent cotton woven fabrics. This panel is stuffed with a polyester fiber and backed with woven fabric. Quilt stitching extends through all three layers of the front panel. The back is made from 100 percent cotton woven fabric. It features an overlapping flap closure.

The applicable subheading for the pillowsham will be 9404.90.9536, 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: other: other: other with outer shell of other textile materials: other. The duty rate will be 10.2 percent ad valorem.

The sham falls within textile category designation 899. Based upon international textile trade agreements products of China are subject to the requirement of a 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.


Robert B. Swierupski

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