CLA-2-63:S:N:N6: 349 881018
Mr. Hernando Taylor
Texturas & Tapices
Calle 58 No. 43 - 23
Apartado Aereo 50334
Barranquilla, Colombia
RE: The tariff classification of wall hangings from Colombia.
Dear Mr. Taylor:
In your letter dated September 18, 1992, received in this
office on December 4, 1992, you requested a tariff classification
ruling.
The items are described as tapestries. The submitted
brochure depicts several different sizes, designs and types of
textile wall hangings. They are shown as being made by hand on a
loom. Each wall hanging is a unique piece done in a mixed medium.
In addition to wool and cotton, the wall hangings may include
leather, horsehair, agave fiber, bronze, copper and pre-colombian
replicas.
The applicable subheading for wall hangings of cotton will
be 6304.92.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other furnishing articles, excluding
those of heading 9404: other: not knitted or crocheted, of
cotton. The rate of duty will be 7.2 percent ad valorem.
The applicable subheading for "certified hand-loomed and
folklore" wall hangings of wool will be 6304.99.1000, HTS, which
provides for other furnishing articles, excluding those of
heading 9404: other: not knitted or crocheted, of other textile
materials: wall hangings of wool or fine animal hair: certified
hand-loomed and folklore products. The rate of duty will be 7.5
percent ad valorem.
The applicable subheading for wall hangings of wool that do
not qualify as "certified hand-loomed and folklore products"
(e.g. containing machine stitching) will be 6304.99.1500, HTS,
which provides for other furnishing articles, excluding those of
heading 9404: other: not knitted or crocheted, of other textile
materials: wall hangings of wool or fine animal hair: other. The
rate of duty will be 12.8 percent ad valorem.
Goods classifiable under subheading 6304.99.1000, HTS, which
are products of Colombia are entitled to a free rate of duty
under the Andean Trade Preference Act (ATPA) upon compliance with
all applicable regulations. Products of Colombia classifiable
under this subheading are also entitled to duty free treatment
under the Generalized System of Preferences (GSP) upon compliance
with all applicable regulations.
Cotton wall hangings fall within textile category
designation 369. Wool wall hangings that do not qualify as
"certified hand-loomed and folklore products" fall within textile
category designation 469. Based upon international trade
agreements, products of Colombia are subject to visa
requirements. "Certified hand-loomed and folklore" wall hangings
of wool must be accompanied by an exempt certification.
The designated textile and apparel categories 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.
You have also asked if this ruling is binding in Puerto
Rico. The "customs territory of the United States" refers to the
States, the District of Columbia and Puerto Rico. Section 177.9
of the Customs Regulations state that "A ruling letter issued by
the Customs Service, under the provisions of this part, represent
the official position of the Customs Service with respect to the
particular transaction or issue described therein and is binding
on all Customs Service personnel in accordance with the
provisions of this section until modified or revoked."
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport