OT:RR:NC:N2:349
Ms. Lynn Chen
E&E
45875 Northport Loop E
Fremont, CA 94538
RE: Classification and country of origin for cotton quilts; 19 CFR 102.21(c)(2); tariff shift
Dear Ms. Chen:
This is in reply to your letter dated September 29, 2025, requesting a classification and country of origin
determination for cotton quilts, which will be imported into the United States. A sample of the quilt was
submitted with your request and will be retained by this office for training purposes.
FACTS:
The subject merchandise is a quilt. The shell is made of 100 percent cotton woven fabric that is dyed white.
The middle layer consists of 95 percent cotton and 5 percent polyester nonwoven batting material. The three
layers are stitched together forming a repeating intricate stylized floral motif on the surface. The intricate
ornamental stitching has the character of embroidery. The quilt is finished with self-fabric binding and
features scalloped edges on the side and bottom edges; the top edge is straight. The submitted sample
measures 94 × 92 inches and is designed for a queen size bed. You state that quilt will also be available in
king size, measuring 104 x 92 inches. The quilt will be imported for retail sale and packaged in a
polyethylene (PE) bag. The cotton quilt is intended to be used as a bed covering.
The manufacturing operations for the cotton quilt are as follows:
United States
Raw cotton, not carded or combed, of heading 5201 is grown and harvested.
Raw cotton, not carded or combed, is shipped to China.
China
Cotton fabric is woven.
Fabric is dyed, bleached and shrunk.
Batting fabric is formed.
Fabrics are cut and assembled by quilting and sewing.
Self-fabric binding is sewn.
The finished quilts are packaged in PE bag and exported to the United States.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
In your request, you suggest the cotton quilt may be eligible for duty-free treatment under subheading
9801.00.10, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the free entry of
products of the United States when returned after having been exported, without having been advanced in
value or improved in condition by any process of manufacture or other means while abroad, provided that the
documentary requirements of Section 10.1, Customs Regulations, (19 CFR 10.1) are met. In this instant
case, the raw cotton, not carded or combed, of heading 5201, HTSUS, is grown and harvested in United
States and sent to China where it is manufactured into cotton fabric and further processed to make a cotton
quilt; therefore, the raw cotton, not carded or combed will be advanced in value and improved in condition by
further manufacturing. As a result, the quilts do not qualify for preferential duty treatment under subheading
9801.00.10, HTSUS.
You also suggest subheading 6307.90, HTSUS, which provides for “Other made up articles, including dress
patterns: Other: Other: Other: Other: Other.” We disagree. Articles of bedding which are stuffed or
internally fitted with any material such as the cotton quilts are specifically provided for under subheading
9404.40; therefore, subheading 6307.90 is not appropriate.
The applicable classification for the cotton quilts will be subheading 9404.40.9005, 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: Quilts, bedspreads, eiderdowns and duvets
(comforters): Other: With outer shell of cotton.” The general rate of duty will be 12.8 percent ad valorem.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. 3592), enacted on
December 8, 1994, provides the rules of origin for textiles and apparel products for purposes of the customs
laws and the administration of quantitative restrictions, unless otherwise provided by the statute, entered, or
withdrawn from warehouse, for consumption on or after July 1, 1996. Section 3592 has been described as
Congress’s expression of substantial transformation as it relates to textile and apparel products. Section
102.21 of the Code of Federal Regulations (19 CFR 102.21), implements the URAA. The country of origin
of a textile or apparel product shall be determined by the sequential application of the general rules set forth
in paragraphs (c)(1) through (5) of section 102.21. See 19 CFR 102.21(c).
Paragraph (c)(1) states, “The country of origin of a textile or apparel product is the single country, territory,
or insular possession in which the good was wholly obtained or produced.” As the subject merchandise is not
wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section
102.21 is inapplicable.
Paragraph (c)(2) states, “Where the country of origin of a textile or apparel product cannot be determined
under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or
insular possession in which each of the foreign materials incorporated in that good underwent an applicable
change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of
this section:”
Proceeding to 19 CFR 102.21(e), we note that the subject quilts are classified in subheading 9404.40.9005,
HTSUS. There is no current rule to determine the country of origin of a textile article classified under
subheading 9404.40.9005, HTSUS. However, prior to 2022, the corresponding HTSUS classification for
subheading 9404.40.90, HTSUS, was subheading 9404.90.85, HTSUS. Because the regulation has not yet
been updated, we follow the rule corresponding to the prior classification.
Paragraph (e)(1) in pertinent part states,
The following rules shall apply for purposes of determining the country of origin of a textile or
apparel product under paragraph (c)(2) of this section:
HTSUS Tariff shift and/or other requirements
9404.90 Except for goods of subheading 9404.90 provided for in paragraph (e)(2)
of this section, the country of origin of a good classifiable under
subheading 9404.90 is the country, territory, or insular possession in
which the fabric comprising the good was formed by a fabric-making
process.
The “fabric-making process” is defined in section 102.21(b)(2) as follows:
A “fabric-making process” is any manufacturing operation that begins with polymers, fibers,
filaments (including strips), yarns, twine, cordage, rope, or fabric strips and results in a textile fabric.
Paragraph (e)(2) in pertinent part states,
For goods of HTSUS headings 6213 and 6214 and HTSUS subheadings 6117.10, 6302.22, 6302.29,
6302.53, 6302.59, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85 and
9404.90.95, except for goods classified under those headings or subheadings as of cotton or of wool
or consisting of fiber blends containing 16 percent or more by weight of cotton:
(i) The country of origin of the good is the country, territory, or insular possession in which the fabric
comprising the good was both dyed and printed when accompanied by two or more of the following
finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening,
weighting, permanent embossing, or moireing;
***
We note that subheading 9404.90.85, HTSUS, is among those subheadings listed in the paragraph (e)(2)
exception; however, paragraph (e)(2) states the paragraph does not apply to “goods classified under those
headings or subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more
by weight of cotton.” Therefore, the tariff shift rule under paragraph (e)(1), above, applies.
As the fabric forming the outer shell and batting of the cotton quilt is formed by the fabric-making process in
a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred
in China.
HOLDING:
The classification of the cotton quilts is classified under subheading 9404.40.9005, HTSUS. The country of
origin for the cotton quilts is China in accordance with 19 CFR 102.21(c)(2).
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 9404.40.9005, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 9404.40.9005, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Kim Wachtel at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division