CLA-2 CO:R:C:T 956046 BC
Joel Switsky
President
ARCHER FREIGHT SYSTEMS, INC.
P.O. Box 460067
San Antonio, Texas 78246-0067
RE: Reconsideration of NYRL 894308; classification of roll-up
window blinds made of plastic oval slats; monofilaments; Legal Note
2(ij), Chapter 39, HTSUSA; Legal Note 1, Chapter 46, HTSUSA
Dear Mr. Switsky:
This responds to your letter of March 9, 1994, wherein you
requested Headquarters reconsideration of New York Ruling Letter
(NYRL) 894308, dated February 17, 1994. We have reviewed the
matter, including the samples submitted with this request, and our
decision follows.
FACTS:
On February 17, 1994, Customs issued NYRL 894308 to ARCHER
FREIGHT SYSTEMS, INC., on behalf of Builders Square, Inc. That
ruling classified roll-up window blinds made of plastic slats
(monofilaments) under subheading 4602.90.0000, HTSUSA.
The samples submitted are (1) roll-up window blinds measuring
2.5 feet x 6 feet and (2) roll-up window blinds measuring 3 feet
x 6 feet. The former blinds are made of 1/4 inch hollow, plastic
oval slats placed side by side and bound together with textile
thread. Each slat is a somewhat flattened monofilament measuring
approximately 6 mm in diameter. The latter blind is made of rows
of hollow, plastic oval slats (monofilaments) alternating with two
hollow, plastic round monofilaments bound together with textile
thread. The oval slats are somewhat flattened 3/8 inch
monofilaments measuring approximately 7 mm in diameter. The round
monofilaments measure approximately 3 mm in diameter. Both samples
have plastic headrails and bottom rails, metal hardware, and a
textile pull string to raise and lower the blinds.
You contend that the blinds should be classified under
subheading 3925.30.1000, HTSUSA, as builder's ware of plastic, not
elsewhere specified or included: blinds.
ISSUE:
What is the proper classification for the plastic
monofilament, roll-up window blinds at issue?
LAW AND ANALYSIS:
In NYRL 894308, Customs classified the blinds at issue in
subheading 4602.90.0000, HTSUSA, for the following reasons (not
expressed in the ruling):
The blinds at issue are made of plastic
monofilaments. This fact implicates headings 3925 and
4602, HTSUSA. Heading 3925, HTSUSA, according to Legal
Note 11 of Chapter 39, HTSUSA, provides for shutters and
blinds made of plastic. Thus, the blinds at issue appear
prima facie classifiable in heading 3925, HTSUSA.
Heading 4602, HTSUSA, provides for basketwork,
wickerwork, and other articles made directly to shape
from plaiting materials or made from articles of heading
4601, HTSUSA. Legal Note 1, Chapter 46, HTSUSA, provides
the following: "In this chapter the expression `plaiting
materials' means materials in a state or form suitable
for plaiting, interlacing or similar processes; it
includes . . . monofilament and strip and the like of
plastics . . ." Since monofilament of plastic qualifies
as plaiting material, and the blinds at issue are made
of monofilaments of plastic, the blinds qualify as "other
articles made directly to shape from plaiting materials."
Consequently, the blinds at issue are prima facie
classifiable in heading 4602, HTSUSA.
As above, it would appear that the blinds made of
plastic monofilaments are prima facie classifiable in
heading 3925, HTSUSA. However, Legal Note 2(ij) of
Chapter 39, HTSUSA, precludes from classification in
Chapter 39 "[p]laits, wickerwork or other articles of
Chapter 46." Since the blinds at issue, being prima
facie classifiable in heading 4602, HTSUSA, qualify as
"other articles of Chapter 46," they are excluded from
classification in Chapter 39 and therefore cannot be
classified in heading 3925, HTSUSA.
You stated that General Rule of Interpretation (GRI) 1 should
control the classification decision in this case. We agree.
According to GRI 1, classification decisions are made "according
to the terms of the headings and any relative section or chapter
notes . . . " (Emphasis added.) The decision in NYRL 894308 is
based on the above cited chapter notes; thus, it is in accordance
with GRI 1. The classification decision of NYRL 894308 is correct.
HOLDING:
The roll-up window blinds made of plastic monofilaments are
classifiable in subheading 4602.90.0000, HTSUSA. New York Ruling
Letter 894308 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division