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NY K85652




May 19, 2004
CLA-2-94:RR:NC:TA:349 K85652

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Johanna Jin
JWE Silk
180 Madison Ave., 16th Floor
New York, NY 10016

RE: The tariff classification of pillows from China.

Dear Ms. Jin:

In your letter dated April 26, 2004 you requested a classification ruling.

You will be importing pillows referred to as style numbers HF100250L, HF 100300L, HF100100L and HF100200L. Samples of style nos. HF100250L and HF100300L were submitted with you request. The outer shell of the pillows is made from 100 percent polyester woven faux suede fabric. They are filled with polystyrene beads. Style no. HF100100L is a square pillow that measures 17 inches on the side. Style no. HF100300L is an oblong shaped pillow that measures 12 x 16 inches. Style no. HF100250L is a neck roll that will measure 6 inches x 13.5 inches. Style no. HF100200L is a floor cushion will measure 23 inches in diameter. The pillows will be available in five colors that include red, black, olive, sable and spice.

The applicable subheading for the pillows 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 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: 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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