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NY J84353




May 6, 2003

CLA-2-94:RR:NC:TA:349 J84353

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.9522

Mr. Richard J. Buday
Hellman Worldwide Logistics, Inc.
105 Division Street, Suite 101
Bensenville IL 60106

RE: The tariff classification of an electric mattress pad from Hong Kong

Dear Mr. Buday:

In your letter dated April 25, 2003 you requested a classification ruling.

You submitted a sample of an electric mattress pad. The fitted pad consists of a padded top section and an elasticized skirt. The skirt is made from a 100 percent polyester knit fabric. The padded layer is made from two quilted panels sewn together along their edges. The outer layer is made from an 80 percent polyester and 20 percent cotton dobby stripe woven fabric quilted to a polyester batting fabric. The inner layer is made from polyester batting quilted between two pieces of polyester nonwoven fabric. Embedded within this layer are evenly placed electric wires. An electric connector box is attached near one corner.

The applicable subheading for the electric mattress pad will be 9404.90.9522, 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: other... with outer shell of man-made fibers. The duty rate will be 8 percent ad valorem.

The mattress pad falls within textile category designation 666. Based upon international textile trade agreements products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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