United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C85255 - NY C85362 > NY C85334

Previous Ruling Next Ruling
NY C85334




March 24, 1998

CLA-2-94:RR:NC:TA:349 C85334

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8522

Ms. Pamela Pembroke
California Outdoor Recreational Products, Inc. P.O. Box 8630
Chico, CA 95927

RE: The tariff classification of a quilt from China.

Dear Ms. Pembroke:

In your letter dated March 6, 1998 you requested a classification ruling.

The instant sample, referred to in your letter as a quilted bed cover (5401043), is considered a quilt. The outershell of this quilt is made from nylon woven fabric and it contains a filler. Quilt stitching extends through all three layers. The edges are capped. There are tie strings sewn along the edges. This item, which is also referred to as a poncho liner, can be tied to a poncho at the corner grommets allowing the combination to be used as a bedding item.

The applicable subheading for the quilt will be 9404.90.8522, 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: other: other: quilts, eiderdowns, comforters and similar articles... with outer shell of man-made fibers. The duty rate will be 13.8 percent ad valorem.

The quilt fall within textile category designation 666. Based upon international textile trade agreements products of India 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.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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,

Previous Ruling Next Ruling

See also: