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NY L81239





December 22, 2004

CLA-2-63:RR:NC:TA:349 L81239

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Troy D. Crago
ATICO International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a throw from China.

Dear Mr. Crago:

In your letter dated November 30, 2004 you requested a classification ruling.

The submitted sample, item C062BA05081, is a throw. The throw is comprised of three layers of fabric laminated together. The face side of the throw is made from 80 percent acrylic and 20 percent polyester knit pile fabric. The back is made from 100 percent polyester knit suede fabric. The throw contains a thin layer of plastic foam. The throw, which has the appearance of a sheepskin, has rounded corners. The edges are finished with an overcast stitch. The throw measures 50 x 60 inches.

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 6.9 percent ad valorem.

The throw falls within textile category designation 666. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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