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NY I84233

August 7, 2002

CLA-2-94:RR:NC:TA:349 I84233


TARIFF NO.: 9404.90.2000

Mr. Floyd Sirico
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a pillow from China.

Dear Mr. Sirico:

In your letter dated July 18, 2002 you requested a classification ruling on behalf of Franco Manufacturing Company.

The submitted sample is a “Girl Talk” pillow. The outer shell of the pillow is made from 97 percent polyester and 3 percent other fiber knit pile fabric. It is stuffed with a polyester filler. The pillow measures approximately 14 x 14 inches. The item is designed to resemble a handbag. It features a flap that is held closed by means of a hook and loop fastener. The flap features an applique and embroidery. This flap can be lifted to reveal a small pocket that may be used to store pajamas.

The applicable subheading for the pillow will be 9404.90.2000, 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 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.

Presently, the above subheading is not assigned a textile category designation and items classified therein are not subject to quota or visa requirements.

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, 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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