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NY K81675




January 21, 2004
CLA-2-94:RR:NC:TA:349 K81675

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8522

Ms. June Shea
The Janel Group of New York, Inc.
150-14 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of an infant’s comforter from China

Dear Ms. Shea:

In your letter dated December 24, 2003 you requested a classification ruling on behalf of Zen Imports, LLC.

The merchandise at issue, identified as “The Love Beat Heartbeat Blanket”, is an infant’s comforter. The outer shell of the comforter is made from 100 percent polyester woven printed fabric. The edges are finished with a ruffle. The center of the comforter features a rectangular pocket that contains a piece of foam. Inside the foam is an electronic mechanism that simulates a gentle heartbeat. The comforter, which measures approximately 24 x 36 inches, is stuffed with a polyester filler.

The applicable subheading for the comforter will be 9404.90.8522, 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: quilts, eiderdowns, comforters and similar articles with outer shell of man-made fibers. The duty rate will be 12.8 percent ad valorem.

The comforter and quilt fall 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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