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NY C89561


July 23, 1998

CLA-2-94:RR:NC:TA:349 C89561

CATEGORY: CLASSIFICATION

TARIFF NO.:9404.90.1000

Mr. Michael Pipitone

John F. Kilroy Co., Inc.

JFK Int'l Airport

Cargo Bldg. 80

Suite 227

Jamaica, NY 11430-1718

RE: The tariff classification of a pillow from China.

Dear Mr. Pipitone:

In your letter dated June 29, 1998 you requested a classification ruling on behalf of ABC Carpet Inc.

The instant sample is a pillow. The outer shell is made from 100 percent cotton woven fabric and it is filled with a combination of down and feathers. Piping has been inserted along all four edges and the pillow measures approximately 20 inches square. The sample is being returned as requested.

The applicable subheading for the pillow will be 9404.90.1000, 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: of cotton. The duty rate will be 5.7 percent ad valorem.

The pillow 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 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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