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NY 889274




September 8, 1993

CLA-2-94:S:N:N6:349 889274

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Mr. Arthur Stein
ETA Import & Export Ltd.
1 Cross Island Plaza
3rd. Floor
Jamaica, NY 11422

RE: The tariff classification of a heart shaped pillow from China.

Dear Mr. Stein:

In your letter dated August 12, 1993, on behalf of E. Mishan & Sons you requested a tariff classification ruling.

The submitted sample is a pink heart shaped pillow Style no. 2712. It is made of 50 percent polyester and 50 percent nylon woven fabric with a filler. It measures approximately 11 inches by 11 inches. The front portion is covered with a white open-work warp lace fabric. Located in the center is a small bow with a flower made from ribbon material and beads. The edges are finished with a ruffle made of the same white open-work warp lace. The back has a tie-string made of ribbon. As requested your sample is being returned.

The applicable subheading for the 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 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.

Subheading 9404.90.2000, HTS, is not currently assigned a textile category number.

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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