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NY H85985

December 20, 2001

CLA-2-63:RR:NC:TA:349 H85985


TARIFF NO.: 6301.40.0020; 6307.90.9989

Ms. Elissa Travis
Expeditors International
4260 Frontage Rd.
Atlanta, GA 30354

RE: The tariff classification of a blanket and textile article from China.

Dear Ms. Travis:

In your letter dated December 6, 2001 you requested a classification ruling on behalf of Kideapolis, Inc.

The submitted samples identified as a “Cuddle Cape” and “Sleep Silkie”, are a blanket and textile article. The “Cuddle Cape” is made from 100 percent polyester knit fabric. It is napped on both sides. One corner of the blanket has a triangular piece forming a pocket. Animal characteristics, including embroidered eyes, and the floppy ears and trunk of an elephant are sewn onto the hood. Two other corners have been folded to form pockets for hands. The pockets feature embroidery and a woven hand design. The last corner has a tail like piece attached to the reverse side that extends approximately 6 inches below the corner.

The “sleep silkie” is stylized to resemble a turtle. It is comprised of two pieces of fabric sewn along the edges. The fabric is made from 100 percent polyester woven fabric. The top is embroidered and it measures approximately 20 x 20 inches. Both items will be made in other animal designs. As requested the samples are being returned.

The applicable subheading for the “cuddle cape” will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers other. The duty rate will be 9.8 percent ad valorem. Effective 2002 the duty rate will be 9 percent ad valorem.

The applicable subheading for the “sleep silkie” will be 6307.90.9989, HTS, which provides for other made up articles, including dress patterns: other: other: other: other: other. The rate of duty will be 7 percent ad valorem. The rate will remain the same for 2002.

The “cuddle cape” 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 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 646-733-3043.


Robert B. Swierupski

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