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NY I88178




November 7, 2002

CLA-2-63:RR:NC:TA:349 I88178

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Mr. Garrett:

In your letter dated November 1, 2002 you requested a classification ruling.

The submitted sample, referred to as Quilted Blanket Style # LS02FTIA, is a quilted throw. The outer shell is made from 100 percent cotton woven fabrics. It is stuffed with a with a polyester fiberfill. Quilt stitching extends through all three layers. You state that the throw will measure 60 x 60 inches, however, the submitted sample measures approximately 61 x 67 inches. 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. The submitted throw also deviates from the standard sizes. 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 6304.92.0000, 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 6.5 percent ad valorem.

The throw falls within textile category designation 369. 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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