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NY I88627




December 12, 2002

CLA-2-63:RR:NC:TA:349 I88627

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Ms. Rheci Abustan
CHF Industries, Inc.
One Park Avenue
New York, NY 10016

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

Dear Ms. Abustan:

In your letter dated November 19, 2002 you requested a classification ruling.

The instant sample, described as a wall hanging, is a quilted throw. The outer shell is made from 55 percent polyester and 45 percent cotton woven fabric. It is stuffed with a polyester filler. Quilt stitching extends through all three layers. The throw measures approximately 50 x 60 inches. The face of the throw has a pieced patchwork design of a martini glass, olive and fruit slices. It also features embroidery and applique. The back portion is a solid color. Sewn to the back of the throw is a rod pocket. Following Headquarter's 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 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. Effective 2003 the duty rate will be 9.4 percent ad valorem.

The quilted throw falls within textile category designation 666. Based upon international textile trade agreements products of China are not subject to quota or visa restrictions.

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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