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NY K89690





October 4, 2004

CLA-2-94:RR:NC:TA:349 K89690

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8522

Ms. Rheci Abustan
CHF Industries, Inc.
One Park Avenue
New York, NY 10016

RE: The tariff classification of a bedding set from China.

Dear Ms. Abustan:

In your letter dated September 14, 2004 you requested a classification ruling.

You will be importing a bedding set. The set will comprise of a quilt and pillow shams. Samples of the items were submitted on a different ruling request. The face of the quilt is made from 55 percent rayon and 45 percent cotton woven printed fabric. The face is appliquéd with irregular shaped strips of man-made fiber fabrics. The back is made from 55 percent polyester and 45 percent cotton woven fabric. The back is solid in color. It stuffed with a 100 percent polyester filler. All of the edges are sewn.

The sham that measures approximately 20 x 26 is sized to fit a standard bed size pillow. The face panel of the sham is comprised of a top layer, stuffing and back layer. The top layer is made from 55 percent rayon and 45 percent cotton woven fabric. The fabric is printed with a stripe pattern and is appliquéd with irregular shaped strips of man-made fiber fabrics. The back of the face panel is made from 55 percent polyester and 45 percent cotton woven fabric. It is stuffed with a polyester filler. Quilt stitching extends through all three layers. The back panel is made from 55 percent polyester and 45 percent cotton woven fabric. The back panel features an overlapping flap closure. The components of the set are packaged for retail sale at time of import.

     The bedding set meets the qualifications of "goods put up in sets for retail sale." The components of the set consist of at least two different articles which are, prima facie, classifiable in different headings. They are put up together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. The quilt imparts the essential character of the set.   .

The applicable subheading for the bedding set 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 quilt and pillow shams 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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