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NY L84430




May 19, 2005

CLA-2-94:RR:NC:N3:349 L84430

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of pillow from China.

Dear Ms. Aldinger:

In your letter dated April 22, 2005 you requested a classification ruling.

The instant merchandise, item #941393 is referred to as “Pillow Chenille 13 x 18”. The outer shell is made from 60 percent polyester and 40 percent cotton jacquard woven fabrics. The fabrics contain chenille yarns. It is stuffed with a polyester filler. The edges are finished with a fringe. The submitted sample measures 18 inches square however, the imported pillow will measure 13 x 18 inches.

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 assigned a category designation and items therein are not subject to quota or visa 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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