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NY L82830

March 23, 2005

CLA-2-94:RR:NC:N3:349 L82830


TARIFF NO.: 9404.90.9522; 6304.93.0000; 6307.90.9889

Mr. Robert Horowitz
Sabtex Ltd.
800 D Central Boulevard
Carlstadt, NJ 07072

RE: The tariff classification of various textile pads from China.

Dear Mr. Horowitz:

In your letter dated March 4, 2005 you requested a classification ruling.

The submitted samples are a fitted crib pad, flat crib pad, multi-use pad and lap pad. The main panel of the fitted crib pad is composed of an outer surface made from polyester non-woven fabric. It is filled with a polyester batting and a vinyl backing. The three layers are heat sealed together creating a quilted pattern. The pad features an elasticized skirt made form a spun bond non-woven fabric. This skirt holds the pad to the mattress. The fitted crib pad measures 28 x 52 inches.

The flat crib pad measures 27 x 36 inches. It is comprised of polyester non-woven fabric with a vinyl inner waterproof layer. The three layers have been heat-sealed together in a quilted pattern. The item has rounded corners. The edges are finished with overlock stitch. Although referred to as a pad this item is not stuffed or fitted.

The multi-use pad and lap pad are made in the same manner as the flat crib pad. The lap pad measures 12 x 13.5 inches. The multi-use pad measures 18 x 27 inches and can be used on a changing table, cradle, bassinette or stroller.

The applicable subheading for the fitted crib pad will be 9404.90.9522, 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: other: other: other... with outer shell of man-made fibers. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the flat crib pad and multi-use pad will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for the lap pad will be 6307.90.9889, HTS, which provides for other made up articles . . . other. The rate of duty will be 7 percent ad valorem.

The fitted crib pad, flat crib pad and multi-use pad fall within textile category designation 666. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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