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NY K87351

July 15, 2004
CLA-2-63:RR:NC:TA:349 K87351


TARIFF NO.: 6301.40.0020

Ms. Sharon Roberson
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503

RE: The tariff classification of a travel pillow and blanket set from China and Vietnam.

Dear Ms. Roberson:

In your letter dated June 22, 2004 you requested a classification ruling.

The merchandise at issue, identified as Model Number FBS-1, is a travel pillow and blanket set. The blanket is made from 100 percent polyester knit fleece fabric. The edges are finished with an overcast stitch. The blanket measures approximately 42 x 79 inches. The pillow is comprised of a solid piece of foam with a textile cover. The front portion and sides of the cover are made from 100 percent polyester knit fleece fabric. The back is made from a polyester woven fabric that is coated with an anti-slip grid. One side of the cover has a zipper closure. The pillow measures 8 inches in width, 12 inches in length and 4.5 inches thick. Both items are packaged together for retail sale at the time of import.

The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which:

1- consists of at least two different articles that are, prima facie, classifiable in different headings; 2- put up together to meet a particular need or carry out a specific activity; 3- packed for sale directly to users without repacking.

In this case the blanket and pillow meet all three criteria. The blanket provides the essential character of the set.

The applicable subheading for the set 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 8.5 percent ad valorem.

The blanket falls within category designation 666. Based upon international textile trade agreements products of China and Vietnam 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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