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NY 889166




September 2, 1993

CLA-2-94:S:N:N6:349 889166

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.1000; 9404.90.2000

Ms. Flavia Cesare
Mably International, Inc.
14 East 60th Street
New York, New York 10022

RE: The tariff classification of a neckroll from China.

Dear Ms. Cesare:

In your letter dated August 11, 1993 you requested a tariff classification ruling.

The submitted sample is a neckroll which measures 5-1/4 inches by 9-1/2 inches. The outershell will be made in either 100 percent woven linen fabric or a woven blend of 53 percent cotton and 47 percent linen. The top portion of the outershell has a three button closure. The article is stuffed with the following ingredients: globe amaranthe flowers, chamomile flowers, peppermint leaves, rose buds, lemon verbana leaves, hot stipules, and lavender flowers. These ingredients are encased in a woven fabric. Due to the type of stuffing this particular item may require an import permit. We suggest you contact the U.S. Department of Agriculture, Washington, D.C. 20250, for information on the applicability of these requirements to this item.

The applicable subheading for the neckroll made of 100 percent linen fabric will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for mattress supports; articles of bedding and similar furnishings (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 rate of duty will be 6 percent ad valorem.

The applicable subheading for the neckroll made of a woven blend of cotton and linen will be 9404.90.1000, 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: of cotton. The duty rate will be 6 percent ad valorem.

The neckroll made of the cotton and linen blend falls within textile category designation 369. Based upon international trade agreements, products of China are subject to visa and quota requirements. Subheading 9404.90.2000, HTS, is not presently subject to visa or quota requirements.

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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels),an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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