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August 19, 1999

CLA-2-94:RR:NC:TA:349 E85487

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Cari Bennett
Best Brands Home Products
325 Fifth Avenue
Suite 518
New York, NY 10016

RE: The tariff classification of a chair pad from China or Hong Kong.

Dear Ms. Bennett:

In your letter dated July 30, 1999 you requested a classification ruling.

The instant sample is a lounge chair pad. One side is made from a 65 percent polyester and 35 percent cotton knit terry fabric. The other side is made from a non-woven fabric. It is stuffed with a piece of polyurethane foam. The edges are sewn and the corners are rounded. The pad measures approximately 18 x 67 inches. The sample is being returned to you as requested.

The applicable subheading for the pad 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 and items classified therein are not subject to quota or visa requirements.

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.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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