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NY 889223




September 8, 1993

CLA-2-94:S:N:N6:349 889223

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.1000

Mr. Marcos Chang
Vertex International of America, Inc.
P.O. Box 156
Marlton, NJ 08053

RE: The tariff classification of an infant head support cushion from China.

Dear Mr. Chang:

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

You submitted an infant head support cushion which will be used in an infant's car seat or carrier. The infant head support cushion is rectangular in shape and is stuffed with a polyester fiber fill. The top portion has a tubular edge which is also stuffed. The outer shell is made of 100 percent cotton woven fabric. The item measures approximately 9-3/4 inches by 23-1/4 inches. It has two slots on each side with a VELCRO-like closure and an opening at the bottom through which restraints will presumably protrude. As requested the sample is being returned.

The applicable subheading for the infant head support cushion will be 9404.90.1000, 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 of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: of cotton. The rate of duty will be 6 percent ad valorem.

The infant head support cushion falls within textile category designation 369. Based upon international textile trade agreements, products of China are subject to the requirements of visa and quota.

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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