CLA-2-63:S:N:N6:349 811062
Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of window blinds from
Canada; Article 509
Dear Mr. LeClair:
In your letter dated May 25, 1995, on behalf of Au Bon
Marche, you requested a ruling on the status of window blinds
from Canada under the NAFTA.
You have submitted sample components of window blinds that
will be manufactured in Canada. The four types of fabric that
will be made into vertical blinds are made in Canada, the United
States or Scotland. The fold up blind fabric is made in Canada.
If sourced in Canada or the United States, the fabrics are
produced from fibers and yarns that originate in either the
United States or Canada. The plasticized paper backings and
plastic vertical blind slat frames are products of Canada, while
the top railing and fittings are a product of Taiwan.
Fabric number 1, referred to as Windsor, is a 100 percent
polyester fabric knit to a 9.5 centimeter width. This is the
width of a vertical blind slat. The fabric is cut to length and
hemmed with a weighted bottom hem in Canada. Fabric number 2,
referred to as Lamine, is a 100 percent polyester woven fabric.
In Canada, the fabric is laminated to a plasticized paper, cut to
length and width and placed into 9.5 centimeter wide vertical
blind slat frames. Fabric number 3, referred to as Windsung, is
a 100 percent polyester woven fabric that has been plasticized by
the fabric manufacturer to provide stiffness which enables the
fabric to slide into a slat frame. The fabric, which is not
considered coated for tariff purposes, is cut to length
and width and placed in the slat frames. Fabric number 4,
referred to as Romantic, is a 100 percent polyester fabric knit
to a 9.5 centimeter width. The fabric is laminated to a
plasticized paper, cut to length and placed into the slat frames
in Canada. The various fabric slats are then attached to the top
metal rail which has been cut to requested lengths.
The fold up blind fabric is composed of 100 percent woven
polyester and is glued to a plastic backing that has been
accordion folded into 2.5 centimeter folds. The plastic backing
is also a product of Canada. This backed fabric is then made
into a window blind in Canada.
The applicable tariff provision for the blinds made from the
knit fabrics (item number 1 and 4) will be 6303.12.0000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for curtains (including drapes) and
interior blinds; curtain or bed valances: knitted or crocheted,
of synthetic fibers. The general rate of duty will be 12.6
percent ad valorem.
The applicable tariff provision for the blinds made from the
woven fabrics (item number 2,3, and the fold up fabric) will be
6303.92.2000, HTS, which provides for curtains (including drapes)
and interior blinds; curtain or bed valances: other: of synthetic
fibers: other. The general rate of duty will be 12.6 percent ad
valorem.
The vertical and fold up blinds made from components
(fabric, plastic, paper) obtained or produced in the territory of
Canada or the United States and from non-originating top rails
which satisfied the changes in tariff classification required
under HTSUSA General Note 12(t)/63.3, will be entitled to a 3.8
percent rate of duty under NAFTA upon compliance with all
applicable laws, regulations and agreements.
The vertical and fold up blinds made with fabric from
Scotland do not qualify for preferential treatment under the
NAFTA because the non-originating fabrics are among the fabrics
excluded from the tariff classification change in General Note
12(t)/63.3, HTSUSA.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Office of Regulations and Rulings, U.S. Customs
Service, 1301 Constitution Ave. N.W., Franklin Court, Washington,
D.C. 20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport