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NY H85940




December 19, 2001

CLA-2-63:RR:NC:TA:349 H85940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Ms. Arlene Ing
J & R Imex, Inc.
110 West 40Th Street, #801
New York, NY 10018

RE: The tariff classification of a textile furnishing from China or Thailand.

Dear Ms. Ing:

In your letter dated December 5, 2001 you requested a classification ruling.

The submitted sample, referred to as a promotional quilt, is considered a furnishing throw. The outer shell is made from 100 percent cotton woven fabric. It is stuffed with a 100 percent cotton filler. Quilt stitching extends through all three layers. The face side of the throw has a patchwork design of various printed squares and triangles. The back side is printed. You have indicated that the item is not a bedding type quilt but actually a display of the various fabrics offered for sale by your company. The instant sample measures approximately 40 x 42 inches. The item will also be imported in a 45 x 51 and 34 x 50 inch size. A rod pocket is sewn to the back of the submitted sample, however not all versions will have a rod pocket. As requested the sample is being returned.

The applicable subheading for the furnishing 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 duty rate for 2002 will be 6.5 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.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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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