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NY F83594




March 22, 2000

CLA-2-63:RR:NC:TA:349 F83594

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000; 9404.90.2000

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

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

Dear Ms. Liu:

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

The submitted samples, identified as Item #C74L0356 and Item #C74L0357, are a wall hanging and a pillow. The outer shell of the star shaped wall hanging is made from 100 percent polyester woven fabric. It is stuffed with a man-made fiber filler. A decorative piece of flat braided gold metallic cord is intertwined on the item and sewn at two ends forming a loop. This loop is used to hang the item from a wall. The five pointed star is approximately 11 inches wide.

The outer shell of the pillow is made from 75 percent polyester and 25 percent cotton woven fabric. It is stuffed with polyester filler. The front portion features an applique of a snowman and is embroidered with snowflakes and the phrase “Warm Winter Wishes”. Other versions of the pillow will feature different designs and phrases. The pillow measures approximately 10 x 13 inches. A small textile loop is sewn to one corner of the pillow. As requested the wall hanging and pillow are being returned.

The applicable subheading for the wall hanging , item C74L0356, will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for the pillow, item C74L0357, 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.

The wall hanging 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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