The tariff classification of a quilted throw from China.

NY R00268 April 30, 2004 CLA-2-63:RR:NC:TA:349 R00268 CATEGORY: Classification TARIFF NO.: 6304.92.0000 Mr. Rolando E. Portal ABC Distributing, LLC 6301 East 10th Avenue Hialeah, FL 33013 RE: The tariff classification of a quilted throw from China. Dear Mr. Portal: In your letter dated April 12, 2004 you requested a classification ruling. The merchandise at issue, identified as item no. 196732, is a patchwork quilted throw. A page of a catalogue was submitted. The outer shell of the patchwork face is made from 100 percent cotton woven fabrics. The backing is made from 100 percent polyester knit fleece fabric. It is stuffed with a polyester filler. All of the edges are sewn. The item measures 50 x 60 inches. The patchwork side features a log cabin, leaf, bear and pine tree design. You suggest classification of the quilted throw under subheading 6304.93.0000, HTS. In Headquarters’ Ruling Letter (HQ) 957410 dated February 3, 1995, Customs determined that articles which had the general appearance of quilts but measure 50 x 50 inches and 50 x 60 inches were classifiable as other furnishing articles rather than as articles of bedding. Those items significantly deviated from the domestic industry’s standard size for quilts and would not sufficiently cover a standard size mattress. Following the reasoning in HQ 957410, this throw sized quilt will be classified as an other furnishing. The applicable subheading for the throw will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.3 percent ad valorem. The throw falls within textile category designation 369. Based upon international textile trade agreements products of China are not subject to quota or visa requirements. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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, National Commodity Specialist Division