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NY L87831




October 17, 2005

CLA-2-94:RR:NC:N3:349 L87831

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Margaret Morgenson
Direct Source Marketing
4061 North Main Street
Racine, WI 53402

RE: The tariff classification of a cushion from China.

Dear Ms. Morgenson:

In your letter dated September 22, 2005 you requested a classification ruling.

The instant sample, reference number GB0552, is a heated cushion for a lay down duck blind. The shell is made from a polyurethane coated nylon woven fabric. It is stuffed with a piece of solid plastic foam. In addition to the plastic foam the cushion is internally wired for heating. The cushion measures 35 inches long and the width ranges from 11 to 13.5 inches. The cushion is battery operated. One side of the cushion has a pouch used to contain a battery pack.

The applicable subheading for the cushion 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.

     Presently, the above subheading is not assigned a category designation and items therein are not subject to quota or visa requirements. 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.

Sincerely,

Robert B. Swierupski
Director,

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