CLA-2 CO:R:C:G 086297 JBW
Ned H. Marshak, Esquire
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, New York 10004
RE: Modification of Headquarters Ruling Letter 084851
Regarding the Applicability of Textile Visa
Requirements to Components of Toy Sets
Dear Mr. Marshak:
On January 10, 1990, this office issued Headquarters
Ruling Letter (HQ) 084851 regarding the classification of a toy
set to be imported by your client, K Mart Corporation. In a
letter dated January 17, 1990, you requested that we reconsider
that part of our holding in which we determined that a cotton
towel of terry construction contained in the set be subject to
textile visa and quota requirements. For the reasons stated
below, we are modifying this holding.
FACTS:
We adopt the facts as set out in HQ 084851. In this
ruling, we concluded that the articles submitted for examination
formed a set and that the doll imparted the essential character
to the set. We then classified the set under subheading
9502.10.40 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). Further, we held that a 12 by 25
centimeter cotton towel of terry construction was subject to
textile visa and quota requirements.
ISSUE:
Whether textile articles that are included as
components of sets classified in Chapter 95, HTSUSA, are subject
to textile visa and quota requirements?
LAW AND ANALYSIS:
Pursuant to the directive of December 23, 1988, from
the Committee for the Implementation of Textile Agreements,
textile articles entered as components of sets require separate
visas and separate statistical reporting for quota purposes.
However, a subsequent telex issued by the Office of Trade
Operations, United States Customs Service, states that no
separate visa requirements or quota restraint levels are
applicable to textile articles that are classified in Chapter 95.
If a textile article is included as a component in a
set that is classified in Chapter 95, then, through operation of
the General Rules of Interpretation, that component itself is
classified in Chapter 95. The cotton terry towel included as a
component of the set under consideration in HQ 084851 was
classified in Chapter 95 of the HTSUSA. Therefore, from the
above discussion, the cotton terry towel is not subject to
separate visa requirements or to separate statistical reporting
for quota purposes.
HOLDING:
The cotton terry towel included as a component of the
set is properly classified in Chapter 95, HTSUSA, and is
therefore not subject to separate visas and separate statistical
reporting for quota purposes. HQ 084851 is hereby modified
pursuant to 19 C.F.R. 177.9(d) (1989).
Sincerely,
John Durant, Director
Commercial Rulings Division