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NY N015772




August 31, 2007

CLA-2-63:RR:NC:N3:349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.40.0020

Joel McClure
Restoration Hardware Inc.
15 Koch Road, Suite J
Corte Madera, CA 94925

RE: The tariff classification of a blanket from China

Dear Mr. McClure:

In your letter dated August 8, 2007 you requested a classification ruling.

The submitted sample, identified as a “Luxury Plush Throw”, is considered a blanket. The face and back panels of the blanket are made from 100 percent polyester knit pile fabrics. There is a layer of polyester needle loomed felt between the face and back panels. The edge of the face side features a 2-inch wide border formed by the back layer. The pile on the face side is longer than that on the back. A strip of piping cord creates a picture frame or flange effect on the face side of the blanket. The blanket measures 45 x 65 inches.

In your letter you refer to this item as a “throw”. You state that the throw is not intended to be used or marketed as a blanket for bedding, but rather as throw to cover the lap or shoulders. The Explanatory Notes to heading 6301, Harmonized Tariff Schedule of the United States, state the following, in pertinent part: Blankets and travelling rugs are usually made of wool, animal hair, cotton or man-made fibers, frequently with a raised pile surface, and generally of thick heavy-texture material for protection against the cold. Based on the foregoing, the instant sample is more specifically associated with the blankets of heading 6301, HTSUS, as its heavy texture, raised surface and use to cover the lap or shoulders seems to suggest an intended use against cool weather.

The applicable subheading for the throw will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for blankets (other than electric blankets) and traveling rugs, of synthetic fibers other. The duty rate will be 8.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The throw falls within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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