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NY H86638




January 14, 2002

CLA-2-63:RR:NC:TA:349 H86638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, S.C. 29413-0169

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

Dear Ms. Simmons:

In your letter dated December 4, 2001 you requested a classification ruling on behalf of Pillowtex Corporation.

The submitted sample, identified as the “Micro Touch Blanket/Pillow Combo”, is a quilted throw. The outer shell is made from 100 percent polyester woven fabric. It is stuffed with a duck down filler. The item has been spot quilted. The throw measures 50 x 60 inches. There is a pocket sewn on to one end of the throw. The throw folds into this pocket creating a 17.5 inch square pillow. As requested the sample is being returned.

In Headquater’s Ruling Letter (HQ) 957410 dated February 3, 1995, Customs determined that articles which had the general appearance of quilts but measure 50 x 50 inches and 50 x 60 inches were classifiable as other furnishing articles rather that as articles of bedding. Those items significantly deviated from the domestic industry’s standard size for quilts and would not sufficiently cover a standard size mattress. Following the reasoning in HQ 957410, this throw sized quilt will be classified as an other furnishing.

The applicable subheading for the quilted throw will be 6304.93.0000, 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 synthetic fibers. The duty rate will be 9.6 percent ad valorem.

The throw falls within textile category designation 666. Based upon international textile trade agreements products of China 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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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