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June 15, 1999

CLA-2-94:RR:NC:TA:349 E82580

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a pillow from China.

Dear Mr. Portal:

In your letter dated May 21, 1999 you requested a classification ruling.

The submitted sample, identified as the “Christmas Pillow” Rite Aid item #991224, is a pillow. The outer shell of the pillows will be made from 65 percent polyester and 35 percent cotton woven fabric. It will be stuffed with a polyester filler. The front panel of the pillow is printed with Santa Claus, a bear, reindeer and fir trees. The back panel is printed with a stylized fir trees. The pillow measures 12 inches square. It will be available in other Christmas motifs.

The applicable subheading for the pillow 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 duty rate will be 6 percent ad valorem.

Presently, the subheading 9404.90.2000, 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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