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NY K88168





August 17, 2004
CLA-2-63:RR:NC:TA:349 K88168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Dione Densmore
Mohawk Home
3032 Sugar Valley Rd. NW
Sugar Valley, GA 30746

RE: The tariff classification of a throw from China.

Dear Mr. Densmore:

In your letter dated July 29, 2004 you requested a classification ruling.

The submitted sample is a throw. The throw is comprised of two fabrics sewn together along the edges. The face of the throw is made from a fake fur knit pile fabric that is made from 100 percent polyester. The backing is made from a polyester knit suede fabric. The throw measures 50 x 60 inches. The fake fur knit pile side conveys the essential character of this throw.

In your letter, you suggest the throw should be classified under subheading 6304.99.0040, HTS, which provides for not knit furnishings of artificial fibers. The submitted throw is knit and is made from a synthetic fiber.

The applicable subheading for the throw will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted of man-made fibers. The duty rate will be 5.8 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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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