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NY L87622

September 27, 2005

CLA-2-63:RR:NC:N3:349 L87622


TARIFF NO.: 6304.92.0000; 4202.92.1500

Mr. John A. Bessich
Follick & Bessich
225 Broadway, Suite 500
New York, NY 10007

RE: The tariff classification of quilted blanket and a tote bag from India.

Dear Mr. Bessich:

In your letter dated September 8, 2005 you requested a classification ruling on behalf of Ellery Homestyles, LLC.

The submitted sample, identified as “Big Outdoor Blanket in a Bag”, consists of a quilted blanket and tote bag. The shell of the blanket is comprised of two panels made from 100 percent cotton woven fabric. One of the panels is printed with stripes. The quilted blanket is stuffed with polyester filler. Quilt stitching extends through all three layers. The blanket measures approximately 61 x 74 inches. The tote bag is made from 100 percent cotton woven printed fabric. It features a zipper closure. The quilted blanket can be folded and carried in the bag.

In Headquarters’ Ruling Letter (HQ) 957410 dated February 3, 1995, Customs determined that articles which had the general appearance of quilts but measure 50 x 50 inches and 50 x 60 inches were classifiable as other furnishing articles rather than as articles of bedding. Those items significantly deviated from the domestic industry’s standard size for quilts and would not sufficiently cover a standard size mattress. Following the reasoning in HQ 957410, this quilted blanket will be classified as an other furnishing.

The applicable subheading for the quilted blanket will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.1500, HTS, which provides for travel, sport and similar bags, of textile materials, with outer surface of textile materials not of pile or tuft construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The quilted bedspread and tote bag fall within textile category designation 369. 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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