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NY I89455




December 23, 2002

CLA-2-63:RR:NC:TA:349 I89455

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040; 6304.93.0000; 6304.99.6020

Mr. Ed Iovino
G.M.A. Accessories, Inc.
245 Secaucus Road
Secaucus, NJ 07094

RE: The tariff classification of throws from China.

Dear Mr. Iovino:

In your letter dated December 16, 2002 you requested a classification ruling.

You submitted seven throws. All of the throws measure approximately 50 x 60 inches. Style BL-363 is made from 100 percent acrylic chenille yarn. This woven throw has a 4-inch knotted fringe formed by the warp yarns. Style BL-364 is a brushed 100 percent acrylic woven throw with 3.5-inch fringe formed by the warp yarns. Style BL-377 is an acrylic woven throw and it has a 7-inch fringe formed by the warp yarns. Style BL-378 is made from 100 percent acrylic chenille yarns that are referred to as feathered yarns. The warp yarns form a 6-inch fringe. Styles BL-379 and BL-380 are made from 100 percent rayon chenille yarns. These woven throws have 5- inch fringe formed by the warp yarns. Style BL-365 is a 100 percent polyester knit throw. The yarns are referred to as micro chenille. This throw is not fringed.

The applicable subheading for styles BL-363, BL-364, BL-377 and BL-378 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 January 2003 the duty rate will be 9.4 percent ad valorem.

The applicable subheading for styles BL-379 and BL-380 will be 6304.99.6020, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: other: of artificial fibers. The duty rate will be 3.8 percent ad valorem. Effective January 2003 the duty rate will be 3.5 percent ad valorem.

The applicable subheading for the style BL-365 will be 6304.91.0040, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted of man-made fibers. The duty rate will be 6.9 percent ad valorem. Effective January 2003 the duty rate will be 6.4 percent ad valorem.

The throws fall 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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