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NY K89636

October 13, 2004

CLA-2-94:RR:NC:TA:349 K89636


TARIFF NO.: 9404.90.2000

Ms. Fawn Scott
Park Designs
P.O. Box 10058
Goldsboro, NC 27532

RE: The tariff classification of a chair pad from India.

Dear Ms. Scott:

In your letter dated September 23, 2004 you requested a classification ruling.

The merchandise at issue is a chair pad. A sample of the pad was submitted with your request. The chair pad is made from a solid piece of urethane foam covered with woven fabric. The woven fabric is made from 100 percent cotton. The pad measures approximately 15.5 x 16.5 inches. All of the edges of the pad are finished with piping. Sewn onto three of the edges is a 3.5-inch drop skirt. The fourth edge has tie strings. The tie strings are used to secure the pad to a chair.

The applicable subheading for the chair pad 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

The pad falls within textile category designation 666. Based upon international textile trade agreements products of India 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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