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NY C89334


July 16, 1998

CLA-2-94:RR:NC:TA:349 C89334

CATEGORY: CLASSIFICATION

TARIFF NO.:9404.90.2000

Ms. Darcy L. Prendergast

Chadwick's of Boston Ltd.

35 United Drive

W. Bridgewater, MA 02379-1029

RE: The tariff classification of a chenille pillow from India.

Dear Prendergast:

In your letter dated June 16, 1998 you requested a classification ruling.

The submitted sample, Style GF67, is referred to as a stuffed pillow with cover. It is comprised of a chenille cover and a pillow form. The pillow form, which fits inside a cover, has a woven fabric shell and a man-made fiber filler. The pillow form measures 18 inches square. The woven cover is made from 100 percent rayon chenille fabric and is sized to fit the pillow form. The cover is sewn on three sides with a zippered opening on the fourth used for the insertion or removal of the pillow form. For Customs purposes the rayon cover and pillow form are considered a composite article.

The applicable subheading for the pillow form will be 9404.90.2000, 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: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem.

Presently, the above subheading 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,


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