CLA-2-39:RR:NC:2:221 B86570

Mr. Michel Murphy
Fritz Starber, Inc.
410 St. Nicolas
Bureau 300
Montreal, Quebec, Canada H2Y 2P5

RE: The tariff classification of plastic vertical blinds and parts of blinds from Canada.

Dear Mr. Murphy:

In your letter dated May 26, 1997, on behalf of Queplex Ltd., you requested a tariff classification ruling.

Sample slats and parts for the vertical blinds were included with your letter. You indicate that the blinds will be imported both complete and in parts. The slats have holes punched into them. The remaining parts include profile shapes, some of which are packaged with plastic fittings. The profile shapes have not been worked beyond surface-working. You did not state the type of plastics of which the profile shapes are made.

The applicable tariff provision for the plastic vertical blinds, when imported complete, will be 3925.30.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for builders' ware not elsewhere specified or included...blinds. The general rate of duty will be 3.3 percent ad valorem.

The applicable tariff provision for the slats with punched holes and the plastic mountings and fittings packaged with the profile shapes, when imported separately from the complete blinds, will be 3925.30.5000, HTSUSA, which provides for builder's ware not elsewhere specified or included...shutters, blinds and similar articles and parts thereof...other. The general rate of duty will be 5.3 percent ad valorem. Before we can issue a ruling on the profile shapes, we need to know the type of plastics of which they are composed. In addition, please identify each profile shape by name and, if available, article number. If you resubmit your request for a binding ruling on the profile shapes, please make reference to this letter and resubmit the samples of the profile shapes.

You have also asked about special country of origin marking requirements. There are no special country of origin marking requirements; the blinds and parts are subject to the standard marking requirements. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Therefore, the blinds and/or the retail package, must be marked with the country of origin.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Joan Mazzola at 212-466-5580.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division