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NY C84276




February 25, 1998

CLA-2-63:RR:NC:TA:349 C84276

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Mr. David M. Rickert
E. Besler & Company
115 Martin Lane
Elk Grove Village, Illinois 60007-1309

RE: The tariff classification of a throw from China.

Dear Mr. Rickert:

In your letter dated January 23, 1998 you requested a classification ruling.

The instant sample is a quilted throw. The throw is made from 50 percent cotton and 50 percent polyester woven fabrics. It contains a polyester filler. The edges are scalloped and the throw is stated to be 50 x 60 inches. The front portion of the throw has a patchwork design. The back portion is a solid color. Following Headquarter's Ruling Letter (HQ) 957410 of February 5, 1995, this quilted throw is not considered classifiable as the quilts and comforters of Heading 9404 since it is not bedding size.

Due to the fact the throw is to be constructed of a 50/50 blend of fibers, it is classified on the basis of Section XI Note 2(A) and Subheading Note 2(A) Harmonized Tariff Schedule of the United States. Please note, even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The throw may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the throw will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 10.1 percent ad valorem.

The throw falls within textile category designation 666. 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 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,

Robert B. Swierupski
Director,

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