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NY C87545




June 3, 1998

CLA-2-63:RR:NC:TA:349 C87545

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 6304.92.0000; 6304.93.0000

Mr. Joshua Bloomfield
Tower Group International
6730 Middlebelt Road
Romulus, MI 48174-2039

RE: The tariff classification of a pillow and spring angel wallhanging from China.

Dear Mr. Bloomfield:

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

Item no. XF166 is a pillow form with a cover. The pillow is made from a woven fabric with a polyester filler and it measures 8-1/2 x 10 inches. The outer cover is also made from a woven fabric. All four edges of the cover are sewn and the back features an overlapping flap closure. One corner of the cover has a loop. The front portion of the cover contains the design of two snowmen, a penguin, a small wooden star and the words "Let it snow." The 8-1/2 x 10 pillow form is too small to be considered an article of bedding or similar furnishings.

The second item, a five inch "heaven sent angel doll", is made essentially of woven textile fabrics. The angel is comprised of a wooden head affixed to a wooden stand and a textile woven dress. The wings are made from twigs. In addition, the angel is holding a textile bag printed with the words "Bird Seed" and a wood and raffia basket with a sign which reads "Feed the Birds". The angel can be hung for display by means of a textile loop which is attached to the back portion of the angel.

The applicable subheading for the pillow will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: other... other: other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the angel if chief weight cotton will be 6304.92.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the angel if chief weight polyester will be 6304.93.0000, 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 angel if chief weight cotton falls within textile category designation 369. The angel if chief weight synthetic fibers falls within textile category 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Subheading 6307.90.9989, HTS, 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,

Robert B. Swierupski
Director,

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