The tariff classification of a pillow from China.

N276491 July 8, 2016 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9404.90.2000 Judy McWhirk Customs Compliance Specialist, Logistics The Robert Allen Group 2 Hampshire Street Foxboro, MA 02035 RE: The tariff classification of a pillow from China. Dear Ms. McWhirk: In your letter dated May 9, 2016, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. The merchandise concerned is identified as the A018, “Chunky Texture Gold,” prototype accent pillow. The item consists of a 100% polyester, woven outer shell, into which a polyester, garneted batting fill is inserted. The item measures 12 inches by 24 inches. The item has no embroidery or embellishments. You claim that this item will be marketed primarily to the hospitality industry (i.e., hotels, resorts, etc.) as an accent piece only. It is your position that the accent pillow has no other functionality than to be a decorative accent piece, and therefore you suggest the possibility of subheading of 6307.90.9889 (Other made up articles, ….) of the Harmonized Tariff Schedule of the United States (HTSUS). We find that the accent pillow, although simple in its appeal, is [sized appropriately] to be considered an article of bedding, in which a person can rest their head like a standard pillow, or simple place behind one’s back or under one’s legs as a type of cushion. The applicable subheading for the “Chunky Texture Gold” accent pillow will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 6% 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 https://hts.usitc.gov/current. 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 Neil H. Levy at neil.h.levy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division