Quilts and Quilted Bed Spreads as Finished Articles Classified
in HS Code 9404
[CBEC
Circular No. 903 dated 20th October 2009]
Subject: Classification
of Textile quilted products like Quilts, Quilted bed spreads, etc.
Reference has been received from Trade seeking
clarification regarding classification of Quilts and Quilted
bed spreads. These are ready to use products. The process of manufacture of
these products is that between two layers of fabrics, a layer of cotton/synthetic
fabric, etc is placed and thereafter, it is stitched and converted into
made-ups and articles of bedding. The general practice as per the trade has
been to classify the products under chapter 5811. However, practice at some
places has been to treat these products as classifiable under chapter 94.
2 The
matter has been examined by the Board. The HSEN to Chapter Heading 5811 reads
as follows:
‘These materials are
commonly used in the manufacture
of quilted garments, bedding or bedspreads, mattress pads , clothing, curtains,
place-mats, underpads (silencers) for table linen
etc.
The heading does not
cover:
a Plastic sheets quilted, whether by stitching or heat sealing to a
padded core (generally Chapter 39);
b Stitches or quilted textile products in which the stitches
constitute designs giving them the character of embroidering;
c Made up goods of this
Section;
d Articles of bedding or
similar furnishing of Chapter 94 padded or internally fitted.’(emphasis supplied).
The made up goods are defined by Section Note 7 of
Section XI.
In this context, the term ‘used in the manufacture’
is important to note. It means that heading 5811 covers only materials which
are further used in making of quilted final products like bedding or
bedspreads. Further HSEN to this Chapter Heading also state that the heading
does not cover made up goods of this Section (Section Note 7) and articles of
bedding or similar furnishing of Chapter 94 which are padded or internally
fitted. Thus, the articles of bedding and furnishing fall in Chapter 94.
3.1 The
Heading 9404 covers the final finished products like quilts and other articles
of bedding and furnishing. The HS explanatory notes to Chapter 9404 further
clarify that the heading covers:
‘A Mattresses supports,…
B Articles of bedding
and similar furnishing which are sprung or stuffed or internally fitted with
any material (cotton, wool, horsehair, down, synthetic fibers etc or are of
cellular rubber or plastics (whether or not covered with woven fabrics,
plastics. etc). For example:
1.
Mattresses, including mattresses with a metal frame:
2.
Quilts and bedspread (including counterpanes and also quilts for baby -
carriages) eiderdowns and duvets (whether of down or any other filling/mattress
protectors, bolsters, Pillows/cushions, pouffes, etc’
3.2 Quilts,
Quilted bedspread etc are articles of bedding and are covered under the
Explanation (B) (2) as mentioned above.
4 From the
above discussion, it is seen that what is covered by the Heading 5811 is the Quilted
Textile Products which are further used in the manufacture of quilts, quilted
bedspreads, etc. But the quilted bedspread or quilts may be correctly
classified under 9404. Thus the benefit of the Notification No.30/2004 is not
available to quilts, quilted bedspreads etc.
[F. No. 60/1/08-CX-1]