NY 862535

MAY 06 1991


CLA-2-94:N:N1233 862535

TARIFF NO's. 9401.90.5000, 9401.90.3500, 9401.80.6030 &
6304.93.0000

Mr. James Prybylo
Now Products, Inc.
4800 W. Roosevelt Road
Cicero, ILL. 60650

RE: The tariff classification of bean bag chair covers and sofa cushion covers from Mexico.

Dear Mr. Prybylo:

In your letter dated April 16, 1991, you requested a tariff classification ruling.

The furniture samples submitted consist of bean bag chair covers and sofa cushion covers. The first, style #6108 (A), is a pink bean bag chair outer cover with a nylon face and vinyl backing. The second, style #6108 (B), is a blue bean bag chair outer cover with a vinyl face and polyester backing. In the first, the nylon material of the cover and in the second, the vinyl material of the cover imparts the essential character of the articles. They both have a 10" zippered top opening with the height and width approximately 36" X 26". Style #7105 (C) is an outer cover for a sofa cushion. Three sides of the cover are stitched together and the fourth side has a zippered opening to insert a polyurethane foam cushion. The article measures 19 by 30 inches and is manufactured of 100 percent polyester woven fabric.

The applicable subheading for the pink bean bag chair outer cover with nylon face will be 9401.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for seats (other than those of heading 9402), and parts thereof, parts, other, other. The duty rate will be 4 percent ad valorem.

The applicable subheading for the blue bean bag chair outer cover with vinyl face will be 9401.90.3500, (HTSUS), which provides for seats (other than those of heading 9402), and parts thereof, parts of rubber or plastics. The duty rate will be 2.4 percent ad valorem. The applicable subheading for the outer cover for a sofa cushion if packed and shipped together in the same case will be 9401.80.6030, HTSUS, which provides for seats (other than those of heading 9402), other seats, other, other. The duty rate will be 4 percent ad valorem. The applicable subheading for the acclaim outer cover for a sofa cushion if imported seperately from the sofa will be 6304.93.0000, HTSUS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. Item 6304.93.0000, HTSUS, falls within textile category designation #666. Based upon international textile trade agreements, products of Mexico are subject to visa requirements.

Since visa categories are the result of international bilateral agreements which are subject to frequent renegotiatioms and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Articles classifiable under subheadings 9401.90.5000, 9401.90.3500, 9401.80.6030 & 6304.93.0000, HTSUS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport