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NY I89416

January 14, 2003

CLA-2-94:RR:NC:TA:349 I89416


TARIFF NO.: 9404.90.1000

Mr. John Nourijanian
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, New York 11413

RE: The tariff classification of pillows from China.

Dear Mr. Nourijanian:

In your letter dated December 23, 2002 you requested a classification ruling on behalf of J.W.E. Silk Inc.

You submitted four pillows. The outer shell of the pillows is made from cotton denim fabric. They are stuffed with a polyester filler. Style HC100413 features a flange along the edges that contains a fringe. It measures 18 inches square excluding the flange. Style HC100415 measures 18 inches square. The face of the pillow features a stitched diamond pattern. Style HC100414 measures 14 x 19 inches. The face of the pillow features four fringes. Style HC100416 measures 18 inches square. The face of the pillow has a floral pattern. As requested the samples are being returned.

The applicable subheading for the pillows 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 5.4 percent ad valorem.

All the pillows fall within textile category designation 369. Based upon international textile trade agreements products of China 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 646-733-3043.


Robert B. Swierupski

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