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NY F87956




June 28, 2000

CLA-2-63:RR:NC:TA:349 F87956

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000; 6304.99.6020; 9404.90.2000

Ms. Elizabeth Muñoz
Applause, Inc.
6101 Variel Avenue
Woodland Hills, CA 91367

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

Dear Ms. Muñoz:

In your letter dated May 31, 2000 you requested a classification ruling.

The instant samples are a throw and two pillows. The jacquard woven throw will be made from man-made fibers. All four sides are fringed and it measures approximately 36 x 48 inches. The throw has a jacquard design of two bears in a tree. The outer shells of both pillows will be made from man-made fiber woven fabric. They will be stuffed with a man-made fiber filler. One pillow measures 17 inches square and the other 8 x 12 inches. The front of both pillows features a jacquard design of the forest and animals. The back is a plain woven fabric. As requested the samples are being returned.

The applicable subheading for the throw if of synthetic fibers will be 6304.93.0000, 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 synthetic fibers. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for the throw if of artificial fibers will be 6304.99.6020, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: other: otherof artificial fibers. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for the pillows will be 9404.90.2000, HTS, which provides for 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 duty rate will be 6 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.

Subheading 9404.90.2000, HTS, is not currently assigned a textile category and products therein are not subject to quota or visa requirements.

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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