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NY H83401




July 24, 2001

CLA-2-63:RR:NC:TA:349 H83401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.99.3500

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a throw from China.

Dear Ms. Dorfman:

In your letter dated June 15, 2001 you requested a classification ruling on behalf of LTD Commodities.

You submitted a sample of item # 136201, a quilted throw. The outer shell is made from 55 percent ramie and 45 percent cotton woven fabric. It is stuffed with a 100 percent polyester fiberfill. Quilt stitching extends through all three layers. The edges are scalloped and the quilt measures 50 x 60 inches. The top layer features a patchwork design. Four squares and the two ends of the quilt are printed with a floral and bird design. The back is a solid. 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 sample is being returned.

The applicable subheading for the quilted throw will be 6304.99.3500, 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 other textile materials: other: other. The duty rate will be 11.8 percent ad valorem.

The throw falls within textile category designation 899. Based upon international textile trade agreements products of China are subject 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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