CLA-2-63:RR:NC:TA:349 F85461

Ms. Becky Fujan
Tender Heart Treasures, Ltd.
10917 Harry Watanabe Parkway
Omaha, NE 68128

RE: The tariff classification of a textile furnishing from China

Dear Ms. Fujan:

In your letter dated March 22, 2000, received by this office on April 7, 2000, you requested a classification ruling.

The submitted sample is referred to as Style 66445 - Wood/Cloth Hooked Apple Picture. It consists of a wood frame and a textile picture. The outside of the frame measures 5.75 x 8 inches and the picture measures 5 x 7.25 inches. This item is designed to be hung on a wall using the small saw-toothed hanger on the back. The textile picture resembles an apple. The picture is made from different colored strips of wool fabric that are hand hooked (tufted) into a burlap base fabric. The textile picture provides the essential character of this item.

The applicable subheading for the Hooked Apple Picture will be 6304.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: other; not knitted or crocheted, of other textile materials: wall hangings of wool or fine animal hair: other. The duty rate will be 11.9 percent ad valorem.

The Hooked Apple Picture falls within textile category designation 469. 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.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