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NY R00783




September 21, 2004

CLA-2-94:RR:NC:TA:349 R00783

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8523

Mr. Walter Satfield
Satfield Enterprises, LLC
4812 Emerald Drive East
Mobile, Alabama 36619-1446

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

Dear Mr. Satfield:

In your letter dated August 31, 2004 you requested a classification ruling.

You will be importing a throw. A drawing of the throw was included with your request. The outer shell of the throw will be made from 100 percent silk woven fabric. It will be stuffed with a silk batting. Quilt stitching will extend through all three layers. The face panel of the throw will be embroidered with various designs. The item will measure 40 x 46 inches.

In your letter you suggest classification of this throw under subheading 6304.19.3030, HTS, as an “other furnishing”. The instant throw has the general appearance of a quilt provided for under Heading 9404, HTS. The article measures 40 inches by 46 inches, and as there is no standard size for crib bedding, we believe it is suited to serve as a crib size quilt for certain crib mattresses.

The applicable subheading for the throw will be 9404.90.8523, 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 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 other textile materials: containing 85 percent or more by weight of silk or silk waste. The duty rate will be 12.8 percent ad valorem.

     Presently subheading 9404.90.8523, HTS, is not assigned a textile category designation and items classified therein are not subject to quota or visa requirements.

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, 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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