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NY A86128




August 22, 1996

CLA-2-94:RR:NC:TP:349 A86128

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8040

Mr. Jay K. Choi
Dynex International, Inc.
20595 SW.T.V. Highway
Suite 202-A
Aloha, OR 97006

RE: The tariff classification of "Sleepia" pillow-mate from Korea.

Dear Mr. Choi:

In your letter dated July 31, 1996 you requested a classification ruling.

You submitted a sample of a "Sleepia" pillow-mate. This pillow-mate is comprised of an inner lining, an outer lining, a filler and a separate outer cover. The outer lining and the outer cover are made of 100 percent cotton woven fabric. The inner lining is made of nylon fabric. This pillow-mate contains a ferrite magnet powder filler. It measures approximately 12 x 17 inches and the outer cover measures approximately 17 x 28 inches. The edges of the pillow-mate are capped with a thin strip of self fabric. Quilt stitching extends through the inner and outer linings. The outer cover wraps around and covers the pillow-mate and it has a "VELCRO" type closure. The pillow-mate is placed on top of a pillow. It acts as a cooling agent for the head and neck during sleeping, allowing an individual to have a sound and deep sleep. The pillow-mate is not considered a pillow or cushion.

The applicable subheading for the pillow-mate will be 9404.90.8040, 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: of cotton, not containing any embroidery, lace, braid, edging, trimming, piping exceeding 6.35 mm or applique work...other. The duty rate will be 4.9 percent ad valorem.

The pillow-mate falls within textile category designation 369. Based upon international textile trade agreements products of Korea 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 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,

Roger J. Silvestri
Director

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