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NY F85630





May 9, 2000

CLA-2-63:RR:NC:TA:349 F85630

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8020

Mr. Floyd Sirico
Rogers & Brown Customs Brokers
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a comforter from Pakistan.

Dear Mr. Sirico:

In your letter dated April 18, 2000 you requested a classification ruling on behalf of Franco Manufacturing Company.

The submitted sample is a comforter. The outer shell is made from 100 percent cotton woven fabric. It is stuffed with a polyester filler. The woven fabric is printed with a log cabin and forest scene. All of the edges are hemmed and quilt stitching extends through all three layers. This comforter will be imported in twin, full/queen and king sizes. The sample comforter does not feature any embroidery, lace, braid, edging, applique work, trimming or piping.

The applicable subheading for the comforter will be 9404.90.8020, 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: of cotton, not containing any embroidery, lace, braid, edging, trimming, piping exceeding 6.35mm or applique work quilts, eiderdowns, comforters and similar articles. The duty rate will be 4.6 percent ad valorem.

The comforter falls within textile category designation 362. Based upon international textile trade agreements products of Pakistan within the above category are not subject to quota or 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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