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NY I82843




July 2, 2002

CLA-2-94:RR:NC:TA:349 I82843

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8020

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

RE: The tariff classification of a beach quilt from China

Dear Ms. Dorfman:

In your letter dated May 13, 2002, received by this office on June 5, 2002, you requested a classification ruling on behalf of LTD Commodities Inc.

The submitted sample is referred to as the BIK–Beach Quilt Roll-Up. This composite item consists if a quilt, inflatable pillow and a storage/carry bag. The outer shell of the quilt is made from 100 percent cotton woven fabrics and it is stuffed with a polyester fiberfill. The face side features a Hawaiian style print and the back is plain white. It is quilted through all three layers and measures 76 x 85 inches. The edges are finished with a strip of binding fabric. An approximately 10 x 14 inch fabric pocket is sewn along the edge of one side. This pocket contains a 9.5 x 13.5 inch inflatable plastic bladder. The cylindrical storage and carrying bag measures approximately 25 inches high and 8 inches in diameter. It is made from the Hawaiian print fabric and features a drawstring closure, carry strap and a mesh bottom panel. The storage and carrying bag is specifically designed to contain the rolled up quilt. The quilt conveys the essential character of this product.

The applicable tariff provision for the beach quilt 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 any material or of cellular rubber or plastics, whether or not covered: other: other: of cotton, not containing any embroidery, lace, braid, edging, trimming, piping exceeding 6.35 mm or applique work quilts, eiderdowns, comforters and similar articles. The rate of duty will be 4.5 percent ad valorem.

The beach quilt falls within textile category designation 362. 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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