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NY F83593





March 20, 2000

CLA-2-63:RR:NC:TA:349 F83593

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040; 6304.92.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a table runner and wall hanging from China.

Dear Ms. Liu:

In your letter dated February 22, 2000 you requested a classification ruling.

The submitted samples, identified as Item #C74K1003 and Item #C74L0321, are a table runner and a wall hanging. The runner has pointed ends and it measures approximately 14 x 53 inches. The upper surface of the runner is composed of a 100 percent polyester knit velvet like fabric. It is backed with 65 percent polyester and 35 percent cotton woven fabric. The edges are finished with a strip of gold metallic fabric. The runner has two pointed ends with a button and a tassel attached to each end.

The front side of the wall hanging is made from 80 percent cotton and 20 percent polyester woven fabric. The back is made from 65 percent polyester and 35 percent cotton woven fabric. It is stuffed with a 100 percent polyester filler. The front side is printed with a snowman winter scene. There is also a 3 inch plaid border that creates a picture frame effect. The top side of the wall hanging has three tabs through which a dowel has been inserted. A piece of ribbon is affixed to the dowel and is used to hang the item from a wall. As requested the runner and wall hanging are being returned.

Although heading 6302 provides for table linen including runners, Explanatory Note (2) for heading 6302 excludes from the provision certain articles made from lace, velvet or brocade materials. Items made from these materials are not regarded as articles of table linen and are classified in heading 6304. Since the instant table runner is made from "velvet" fabric, heading 6304 applies.

The applicable subheading for the table runner will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding this of heading 9404: other: knitted or crocheted of man-made fibers. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the wall hanging 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 duty rate will be 6.7 percent ad valorem.

The wall hanging falls within textile category designation 369. The table runner falls within textile category designation 666. 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 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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