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NY L83782




April 19, 2005

CLA-2-94:RR:NC:N3:349 L83782

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Mr. Floyd Sirico
Rogers & Brown
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of pillow from India.

Dear Mr. Sirico:

In your letter dated March 30, 2005 you requested a classification ruling on behalf of Franco Manufacturing Co., Inc.

You submitted a sample of a pillow. The pillow is comprised of a cover and a pillow form. The pillow form is made from a non-woven shell with polyester filler. The cover is made from 100 percent silk fabric. The cover features a zippered opening along one side seam used for the insertion or removal of the pillow form. The cover and pillow form are considered a composite article.

The applicable subheading for the pillow will be 9404.90.2000, 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: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem.

Presently, the above subheading is not subject to visa or quota requirements.

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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