HQ 083275
December 12,1989
CLA-2 CO:R:C:G 083275 SLR
Bennett A. Caplan, Esq.
McDermott, Will & Emery
1850 K Street, N.W.
Suite 500
Washington, D.C. 20006
RE: Drapery Tieback from India / Quota-Exempt Status of Various
Articles
Dear Mr. Caplan:
This ruling is in response to your letter of November 16,
1988, on behalf of your client Daphne Tyson Co., requesting the
proper classification of a drapery tieback under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). A
sample was forwarded for our examination. You also have
requested a quota-exempt status determination for this article
(and others) under the United States-India Bilateral Textile
Agreement [hereinafter "Agreement"].
FACTS:
The submitted sample, Item No. 9880, is a multi-colored
tieback made of 100 percent rayon. It measures approximately 31
inches in length, with a diameter of approximately 3 inches.
Small loops at both ends of the article attach to wall hooks,
thus securing in place the drapery and tieback itself.
In your letter, you posit that the tieback is classifiable
as an "other furnishing article" under subheading 6304.93.0000,
HTSUSA. You also assert that this particular style of tieback
qualifies as a handmade handloom made-up article of a cottage
industry of India, thus exempt from quota restrictions prescribed
by the Agreement. The same quota-exempt status is being sought
for items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120, 9610,
9640, 9700, 9750, 9760, 9780, 9800, 9890, and 3110 earlier
classified in New York Ruling Letters (NYRLs) 834177, 834090,
834091, 834132, 834132, 834130, 834179, 834094, 834092, 834129,
834128, 834127, 834178, 834093, 834134, 834131, and 834133,
respectively.
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ISSUES:
I. Whether Item No. 9880 is classifiable as an "other
furnishing article" under subheading 6304.93.0000, HTSUSA.
II. Whether Item No. 9880, along with all the other subject
articles classified in the above-cited NYRLs, enjoy quota-
exempt status under the Agreement.
LAW AND ANALYSIS:
ISSUE I
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.
Heading 6304, HTSUSA, provides for "other furnishings,
articles, excluding those of heading 9404." The Explanatory
Notes to the HTSUSA constitute the official interpretation of the
tariff at the international level. The Explanatory Note to
heading 6304 indicates that the heading covers furnishing
articles of textile materials. Moreover, the Note expressly
includes curtain loops among those articles deemed exemplars of
heading 6304.
Here, the subject tieback greatly resembles a curtain loop;
both serve to hold curtains in place. The exclusionary language
of heading 6304 does not apply; a drapery tieback is not an
article of bedding as described in heading 9404. Consequently,
Item No. 9880 is classifiable as an "other furnishing article"
in heading 6304, HTSUSA.
ISSUE II
Under paragraph 1 of Annex D of the Agreement, certain
products may enter the U.S. free from quota restrictions,
provided they qualify as one of the following:
(A) Handloom fabrics of the cottage industry.
(B) Hand-made textile products made in the cottage industry
of India from fabrics referred to in (A) above.
* * *
(D) Traditional folklore handicraft textile products
made in the cottage industry of India as defined in the
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list of "India Items" agreed between both the parties
and attached herewith at Annex E.
After careful consideration, Customs believes that Item
No. 9880 does not qualify under any of the foregoing exempt
provisions since the product is not a handloomed fabric nor is it
made from handloomed fabrics. Furthermore, it is not included
among the products described in Annex E. Quota restraints,
therefore, apply.
As to items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120,
9610, 9640, 9700, 9750, 9760, 9780, 9800, and 9890, we reach a
similar result. Handloomed trimmings such as tassels, ropes,
braids and rosettes, etc., do not fall under any of the existing
quota-exempt provisions of the Agreement.
Notwithstanding the above determinations, Customs finds that
Item No. 3110, classified in subheading 5806.32.1090, HTSUSA, is
exempt from quota restrictions under the Agreement. This, due to
the fact that the product is a handloomed fabric.
HOLDING:
Item No. 9880 is classifiable under subheading 6304.93.0000,
HTSUSA, which provides for other furnishing articles, excluding
those of heading 9404, other, not knitted or crocheted, of
synthetic fibers, textile category 666. The applicable rate of
duty is 10.6 percent ad valorem. This product does not enjoy
quota-exempt status under the Agreement.
Items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120, 9610,
9640, 9700, 9750, 9760, 9780, 9800, and 9890 also do not qualify
for quota-exempt status. This being the case, special care must
be made to adhere to the visa requirements outlined in Annex F of
the Agreement. Please consult the NYRLs and the HTSUSA to
determine the textile category applicable to each specific item.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, 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.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
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restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Item 3110 is exempt from quota restrictions. To ensure
proper entry, see Section XI, Statistical Note 1 of the HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division