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NY C88751


June 25, 1998

CLA-2-63:RR:NC:TA:349 C88751

CATEGORY: CLASSIFICATION

TARIFF NO.:9404.90.2000; 6302.53.0030; 6304.92.0000 6302.53.0020

Mr. Ken Mull

Audrey's

R.D. #6, Box 834

Lebanon, PA 17046

RE: The tariff classification of cushion, table runner, placemat, wallhanging and napkin from China.

Dear Mr. Mull:

In your letter dated June 4, 1998 you requested a classification ruling.

You have submitted samples of several products. Item number 55 is a chair cushion. The outer shell is made from 65 percent polyester and 35 percent cotton woven fabric with a polyester filler. The edges are finished with a ruffle. It has tie strings used to attach the cushion to a chair. The center of the cushion features a quilted heart design.

Item number 56 is a padded table runner. The outer shell is made form 65 percent polyester and 35 percent cotton woven fabric with a polyester filler. It measures approximately 13-1/2 by 54 inches. The runner has two pointed ends. The top portion is printed with a plaid design with the exception of the pointed ends which are solid. The back portion is solid. After importation appliques will be sewn to the top portion.

Item number 57 is an apple shaped placemat. The placemat is made from 65 percent polyester and 35 percent cotton woven fabric with a polyester batting. The fabric is printed with a plaid design.

Item number 58 is a wallhanging. The outer surface is made from 100 percent cotton woven fabric with a polyester filler. The front portion has a plaid printed border which is made from 65 percent polyester and 35 percent cotton woven fabric. The wallhanging measures approximately 12-1/2 by 14-1/2 inches. Sewn along one side of the wallhanging are two partially open loops used to insert a wooden dowel. After importation appliques will be added.

Item number 59 is a napkin made from 65 percent polyester and 35 percent cotton woven fabric. The fabric is printed in a plaid design. All four edges are finished with an overlock stitch and the napkin measures approximately 15 inches square.

The applicable subheading for the cushion with a filler will be 9404.90.2000, 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: pillows, cushions and similar furnishings: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the table runner and placemat will be 6302.53.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of man-made fibers... other. The duty rate will be 12.2 percent ad valorem.

The applicable subheading for the wallhanging 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 rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the napkin will be 6302.53.0020, HTS, which provides for bed linen, table linen and kitchen linen: other table linen: of man-made fibers.... tablecloths and napkins: other. The rate of duty will be 12.2 percent ad valorem.

The table runner, placemat and napkin fall within textile category designation 666. The wallhanging falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The chair cushion is classified in a subheading that 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.

The submitted items are not marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. ยง134.11) 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,


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