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NY L88155

October 25, 2005

CLA-2-63:RR:NC:N3:349 L88155


TARIFF NO.: 6304.93.0000

Ms. Lisa E. Girvin
Eddie Bauer International Ltd.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a travel throw from China.

Dear Ms. Girvin:

This letter replaces New York Ruling Letter (NYRL) L83182 dated March 15, 2005. In a recent letter you indicated that the item number for the travel throw has changed from 076-1000 to 023-1201. The item number has been corrected in the text below.

The submitted sample, item number 023-1201, is a quilted throw. The outer shell of the throw is made from 100 percent polyester woven fabric. It is stuffed with down. Quilt stitching extends through all three layers. The throw measures 37 x 55 inches. When not in use the quilt/throw is contained in a quilted storage bag. The bag is made from the same material as the quilt. The bag, which measures 13 x 17 inches, is sized to fit the rolled or folded throw. For Customs purposes the quilt and quilt storage bag are considered a composite good.

Following Headquarter's Ruling Letter (HQ) 957410 of February 5, 1995, this quilted throw is not considered classifiable as the quilts and comforters of Heading 9404 since it is not bedding size.

The applicable subheading for the quilted throw will be 6304.93.0000, 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 synthetic fibers. The duty rate will be 9.3 percent ad valorem.

The throw falls 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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