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NY J86032




July 25, 2003

CLA-2-63:RR:NC:TA:349 J86032

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Ms. Andrea Holton
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a throw from China.

Dear Ms. Holton:

In your letter dated July 7, 2003 you requested a classification ruling.

The submitted sample, style number 330747, is a throw. The outer shell is made from 100 percent polyester with a down fill. One side is a knit pile fabric. The reverse side is a woven fabric. The item measures 58 x 74 inches. All of the edges are sewn. As requested the sample is being returned.

In Headquater’s Ruling Letter (HQ) 957410 dated February 3, 1995, Customs determined that articles which had the general appearance of quilts but measure 50 x 50 inches and 50 x 60 inches were classifiable as other furnishing articles rather that as articles of bedding. Those items significantly deviated from the domestic industry’s standard size for quilts and would not sufficiently cover a standard size mattress. Following the reasoning in HQ 957410, this throw sized quilt will be classified as an other furnishing.

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 9.4 percent ad valorem.

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

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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