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NY H80725




June 7, 2001

CLA-2-63:RR:NC:TA:349 H80725

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a quilted throw from China.

Dear Ms. Wierbicki:

In your letter dated May 18, 2001 you requested a classification ruling on behalf of Avon Products, Inc.

The submitted sample, “Angel Quilted Throw” - #PP219820 , is a quilted patchwork throw. The outer shell is made from 100 percent cotton woven fabric. It is stuffed with a 100 percent polyester filler. Quilt stitching extends through all three layers. The top layer features a patchwork pattern. Some of the patchwork squares are printed with angel designs. The back is plain. The throw measures 50 x 60 inches. Sewn to the back of the throw is a rod pocket. The article is has multiple uses such as a wallhanging, furniture throw, etc. Following Headquarters Ruling Letter (HQ) 957410 of February 5, 1995, this quilted throw is not considered classifiable as the quilts and comforters of Heading 9404 since it is not bedding size. As requested the throw is being returned. The applicable subheading for the throw will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.6 percent ad valorem.

The throw falls within textile category designation 369. 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.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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