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NY H83709





July 25, 2001

CLA-2-94:RR:NC:TA:349 H83709

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.1000

Ms. Irene Kwok
CDP Asia Ltd. c/o Mr. Zakir Ally
330 Madison Ave., Suite 1278
New York, NY 10017

RE: The tariff classification of a bath pillow from China.

Dear Ms. Kwok:

In your letter dated July 4, 2001 you requested a classification ruling.

The submitted sample, C-66630S, is a rectangular bath pillow. It is comprised of a pillow form and a textile cover. The cover is made from a 100 percent cotton terry fabric. The words “Soothing Soak” are embroidered on the front side of the pillow. The rectangular cover features a zipper type closure. The outer shell of the pillow form is made from plastic and it is stuffed with a fiberfill. There are two loops affixed to the back portion of the item used for suction cups. Two suction cups are included. The pillow is packed in a clear vinyl bag that has a zipper closure. As requested the sample is being returned.

The applicable subheading for the pillow 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 5.5 percent ad valorem.

The pillow 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.

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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