CLA-2-63:RR:NC:TA:349 E81172
Ms. Joyce Jones
American Pacific Enterprises Inc.
3901 Gantz Road
Suite A
Grove City, OH 43123
RE: The tariff classification of a curtain from China.
Dear Ms. Jones:
In your letter dated April 22, 1999 you requested a classification ruling.
You submitted a sample of a fabric that will be used to make curtains and drapery panels.
The fabric swatch is made from 100 percent polyester woven fabric. You have also included a lab report from a private testing facility. It is your opinion that the curtains should be classified under 6303.92.1000 Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: made up from fabrics described in subheading 5407.61.11, 5407.61.21 or 5407.61.91. These subheadings provide for fabrics which must meet specific parameters. In addition to other specifications, these fabrics must be wholly of polyester, of single yarns measuring not less than 75 decitex but not more than 80 decitex, 24 filaments per yarn and with a twist of 900 or more turns per meter. Your lab report indicates that this fabric would not fall within any of the subheadings. The submitted report states that the yarns are 71 and 82 decitex and that the filling contains18 filaments per yarn.
The applicable subheading for the curtains and panels will be 6303.92.2000 Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: of synthetic fibers: other. The duty rate will be 12 percent ad valorem.
The curtains and panels fall within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-637-7078.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division