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NY J86429

July 8, 2003

CLA-2-63:RR:NC:TA:349 J86429


TARIFF NO.: 6304.92.0000

Ms. Sue Shriver
Stonepath Logistics
2641 Manhattan Beach Blvd.
Redondo Beach, CA 90278

RE: The tariff classification of a cushion cover from China.

Dear Ms. Shriver:

In your letter dated June 23, 2003 you requested a classification ruling on behalf of Pacific Coast Feather.

The submitted sample is a cushion cover. The cover is made from 100 percent cotton woven fabric backed with what appears to be a man-made fiber non-woven fabric. One side is open and includes a zipper closure. The cover measures approximately 26 x 29 inches with a 6.5-gusset on each side. The item will be used to cover the cushions of sofas. As requested the sample is being returned.

The applicable subheading for the cover will be 6304.92.0000, 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 cotton. The duty rate will be 6.4 percent ad valorem.

The cushion cover falls 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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