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NY J81951




March 21, 2003

CLA-2-94:RR:NC:TA:349 J81951

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

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

RE: The tariff classification of a pillow from China.

Dear Ms. Abustan:

In your letter dated March 5, 2003 you requested a classification ruling.

The submitted sample is a decorative pillow. The pillow consists of a cover with a removable pillow form. The shell of the pillow form is made from a non-woven fabric filled with a polyester filler. The cover is made from woven straw. The straw is dyed pink. The cover is decorated with two diagonal strips of artificial flowers. The cover measures 15 inches square and features a zipper closure on the back. As requested the sample is being returned.

The applicable subheading for the pillow will be 9404.90.2000, 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: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem.

Presently, the above subheading is not assigned a category designation and items classified therein are not subject to quota or visa requirements.

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, 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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