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NY J87207




September 9, 2003

CLA-2-94:RR:NC:TA:349 J87207

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.9522

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
150 Oaklands Boulevard
Exton, PA 19341

RE: The tariff classification of a quilted pad cover from China.

Dear Ms. Dawson:

In your letter dated July 8, 2003, received by this office on August 19, 2003, you requested a classification ruling.

The submitted sample, described as a quilted sheet, is a quilted cover for a “Pack ‘N Play” pad. The outer shell is made from a woven blend of 60 percent polyester and 40 percent cotton. It is stuffed with a polyester fiberfill. The back is made from a non-woven man-made fiber fabric. Quilt stitching extends through all three layers. It has boxed corners and is designed to fit over the mattress/pad in the “Pack ‘N Play” playpen.

The applicable subheading for the quilted cover 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 with outer shell of man-made fibers. The duty rate will be 8 percent ad valorem.

The quilted cover 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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