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NY A89744




December 12, 1996

CLA-2-63:RR:NC:TA:352 A89744

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 9404.90.1000

Mr. James W. Lawless
C.H. Powell Company
1 Intercontinental Way
Peabody, MA 01960

RE: The tariff classification of a burp cloth and a changing pad from China and Mexico.

Dear Mr. Lawless:

In your letter dated November 22, 1996, on behalf of The First Years Inc., Avon, Massachusetts, you requested a tariff classification ruling.

The following samples were submitted:
l. A "Pooh Burp Cloth", stock number 1508. The burp cloth is made of 100 percent cotton knit fabric with twill woven fabric backing. It measures approximately 18" x 10".

2. A "Pooh Travel Changing Pad", stock number 4110. The top side of the pad is composed of 55 percent cotton/45 percent polyester terry cloth fabric. The bottom side is 100 percent polyester woven fabric. Between the two fabrics is resin treated polyester filling. It measures approximately 27 7/8" x 14 5/8".

The applicable subheading for the "Pooh Burp Cloth" will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the "Pooh Travel Changing Pad" 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 rate of duty will be 5.9 percent ad valorem.

The "Pooh Travel Changing Pad" falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which 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 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 Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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