The tariff classification of decorative pillows from China

N127562 October 27, 2010 CLA-2-63:RR:OT:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Robert Kendzie Studio 33 20 Commerce Parkway Fredericksburg, VA 22406 RE: The tariff classification of decorative pillows from China Dear Mr. Kendzie: In your letter dated October 14, 2010, you requested a tariff classification ruling. You submitted photographs of four pillows. These items with UPC #6-34043-53299-2 are described in your letter as polyester microfiber fabric pillows, filled with polyester batting. Each measures 9” x 9”. Subheading 9404.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), provides, in part, for pillows. However, these items are not fully functioning pillows. The 9” square pillows are not sufficient in size and stuffing to be capable of providing sufficient support to the head and neck. The Harvest Accent Pillows are not considered pillows for tariff purposes. The decorative pillows have corded edging, and harvest icons are embroidered on the front of each pillow consisting of autumn leaves and acorns. Each pillow is embroidered with a seasonal greeting: “Autumn Greetings,” “A Bountiful Harvest,” “Harvest Blessings,” and “A Season of Thanks.” You suggest classification of the pillows under subheading 9505.90.6000, HTSUS, as Festive articles. Based upon review of the pictures, the pillows are not representative of an accepted symbol for a recognized holiday; “harvest” is not a recognized festive motif, nor are leaves or the word “thanks.” The applicable subheading for the Harvest Accent Pillows will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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 the World Wide Web at http://www.usitc.gov/tata/hts/. 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division