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NY B87898




August 20, 1997

CLA-2-94:RR:NC:TA:349 B87898

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

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

Dear Ms. Aldinger:

In your letter dated July 17, 1997 you requested a classification ruling.

The submitted sample, identified in your letter as "Fleece Travel Pillow" item number 972549, is a contoured pillow. The front outershell portion of the pillow is made from acrylic knit pile fabric. The back portion of the outershell is made from 65 percent polyester and 35 percent cotton woven fabric. It is filled with a fiber filler and it measures approximately 8 x 14-1/2 inches. This pillow has an indentation in the center which conforms to the neck. The principle use of the pillow is to provide support to the head and neck while resting or sleeping in a sitting position.

The applicable subheading for the travel pillow 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 rate of duty will be 6 percent ad valorem.

Presently, the above subheading is not assigned a textile category designation and items classified therein are not subject to quota or visa 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. 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 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 212-466-5854.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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