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NY K87691




July 21, 2004
CLA-2-63:RR:NC:TA:349 K87691

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000
Ms. Jeanne Harmon
CVS/pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a quilted throw from China.

Dear Ms. Wang:

In your letter dated November 6, 2003 you requested a classification ruling.

The submitted sample, item number 274289, is a quilted throw. The outer shell is made from 100 percent polyester woven fabrics. It is stuffed with a down fill. Quilt stitching extends through all three layers. Piping has been has been inserted into the edge of the seam. The item measures 50 x 58 inches. One side is a solid green color and the reverse a pink color. The throw comes with a woven textile wrap that contains a hook and loop fastener. The wrap is placed around the throw when it is rolled up and acts as packaging for the individual throw.

In Headquarters’ 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 9.3 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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