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NY K88783

August 31, 2004
CLA-2-63:RR:NC:TA:349 K88783


TARIFF NO.: 6301.40.0020

Mr. Adam Nichols
Foamex International Inc.
1000 Columbia Ave.
Linwood, PA 19061-3997

RE: The tariff classification of a blanket from China.

Dear Mr. Nichols:

In your letter dated August 17, 2004 you requested a classification ruling.

The instant sample, referred to as a “fleece throw”, is a blanket. The blanket is made from 100 percent polyester knit fleece fabric. The solid color blanket measures 50 x 60 inches. The edges are finished with an overcast stitch. It has rounded corners.

In your letter you suggest classification of this item under subheading 6304.91.0040, HTS, as a loose cover for furniture or a furniture throw. A blanket is not restricted to use on a bed and it is designed for protection against the cold. We have consistently ruled that man-made fiber fleece “throws” are used for protection against the cold and are classified as blankets.

The applicable subheading for the blanket 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 rate of duty will be 8.5 percent ad valorem.

The blanket falls within textile category designation 666. 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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