CLA-2 CO:R:C:G  087446  HP
Ms. Rosemary Lueng
     Production Manager
     Paper White, Ltd.
     P.O. Box 956
     Fairfax, CA 94930
     RE:  Notification of modification of HRL 083276.
     Dear Ms. Lueng:
         This letter is in reference to HRL 083276 of
     December 28, 1989, classifying, inter alia, certain
     pillows under the Harmonized Tariff Schedule of the
     United States Annotated (HTSUSA).
         In HRL 083276, we classified under heading 9404
     (articles of bedding)  mini-pillows,  measuring
     approximately 56mm and embroidered with decorative
     patterns.  We stated that
             Webster's II New Riverside Dictionary
             (1984), at 891, gives the first two
             definitions of "pillows" as:
                 1.     A cloth case filled with
                 a soft stuffing ... and used to
                 cushion the head esp. during
                 sleep.
                 2.     A decorative cushion.
             Among the definitions of "cushion" is:
                 1.     A pad or pillow with a
                 soft filling.
It follows therefore that a cloth case
             filled with soft stuffing and used for
             decorative purposes is a pillow.
     This decision was incorrect.  In HRL 086646 of June 8,
     1990, we stated:
             This statement was overbroad.  The
             terms of the heading clearly state that
             merchandise classified under ...
             heading [9404] must be articles of
             bedding.  We conclude from this
             language that in order for  pillows  to
             be classified therein, they must, in
             some way, be capable of being used  to
             cushion the head esp. during sleep.
             See HRL 086056 of March 1, 1990 (6"
             6-
" sachet-type pillow not class or
             kind of pillows of heading 9404); ORR
             Ruling 046377 of October 19, 1976
             ( tooth fairy pillow,  4-
"   6," too
             small to support head or body and not
             classifiable as pillows, cushions,
             mattresses or similar furnishings).  In
             this respect, therefore, HRL 083276 is
             modified accordingly.
     HOLDING:
         As a result, the mini-pillows are classified under
     heading 6307.90.9590, HTSUSA, as other made up
     articles, including dress patterns, other, other,
     other.  The applicable rate of duty is 7 percent ad
     valorem.
         This notice to you should be considered a
     modification of HRL 083276 of December 28, 1989, as to
     the merchandise described as mini-pillows (Item # 50),
     under 19 C.F.R.  177.9(d)(1) (1989).  It is not to be
     applied retroactively to HRL 083276 (19 C.F.R.
     177.9(d)(2) (1989)) and will not, therefore, affect the
     transaction for the importation of your merchandise
     under that ruling.  However, for the purposes of future
     transactions in merchandise of this type, HRL 083276
     will not be valid precedent.  We recognize that pending
     transactions may be adversely affected by this
     modification, in that current contracts for
     importations arriving at a port subsequent to the
release of HRL 087446 will be classified under the new
     ruling.  If such a situation arises, you may, at your
     discretion, notify this office and apply for relief
     from the binding effects of the new ruling as may be
     dictated by the circumstances.
                            Sincerely,
JOHN DURANT, DIRECTOR
                   COMMERCIAL RULINGS DIVISION