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NY I88730




December 24, 2002

CLA-2-94:RR:NC:TA:349 I88730

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.9505; 6307.90.9889; 4202.92.3031

Ms. Janet Reiner
Global Transportation Services
1930 Sixth Ave. South, 2nd Floor
Seattle, WA 98134

RE: The tariff classification of a down-filled pillow cover and travel pouch from China.

Dear Ms. Reiner:

In your letter you requested a classification ruling on behalf of Pacific Coast Feather Company.

You submitted a sample of a down-filled pillow cover, a travel pouch and the polypropylene and vinyl bag in which these items will be packed. The pillow cover consists of two filled and quilted sections that are sewn together along three sides. The fourth side has a zippered opening to allow the insertion of a pillow. The outer shell of the pillow cover is made from 100 percent cotton woven fabric. The inner lining is made from 100 percent nylon woven fabric. The two panels are filled with down and quilted. The pillow cover will be available in sizes to fit standard, queen and king size pillows. You indicate that it is to be used during travel to be placed over a hotel pillow to provide additional comfort.

The travel pouch is made from 100 percent cotton woven fabric. It measures approximately 9 x 11 inches and has an overlapping flap opening at one end. The pouch is designed to protect and store the pillow cover. The pouch and pillow cover will be imported together packed in a zippered bag. The bag measures approximately 8.5 x 10.5 x 2 inches. Approximately half of the bag is made from a polypropylene non-woven fabric and the other half is made from clear vinyl. The fabric side is printed with the company’s logo and the vinyl side has a pocket that holds a paper insert. A braided cord is formed into a handle. The pillow cover, pouch and bag are a composite item and the down-filled pillow cover imparts the essential character. You have requested the tariff classification of these items if imported together and if imported separately.

The applicable subheading for the down-filled pillow cover when imported alone and the pillow cover and travel pouch imported packed together in the polypropylene and vinyl bag will be 9404.90.9505, 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 springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: other: other with outer shell of cotton. The duty rate will be 8.7 percent ad valorem. The rate of duty will be 8 percent ad valorem in 2003.

The applicable subheading for the travel pouch when imported separately will be 6307.90.9889, HTS, which provides for other made up articlesother, other: other. The duty rate will be 7 percent ad valorem. The duty rate for 2003 will remain the same.

The applicable subheading for the polypropylene and vinyl bag when imported separately will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.1 percent ad valorem. The rate of duty will be 17.8 percent ad valorem in 2003.

The down-filled pillow cover falls within textile category designation 369. The polypropylene and vinyl bag falls within textile category designation 670. 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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