CLA-2-63:RR:NC:TA:351 G88378
TARIFF NO: 6307.90.9989; 4202.22.8050; 4202.22.7000; 9608.10.0000; 6212.90.0030; 4820.10.4000; 4820.50.0000
Mr. Kevin W. Stewart
The I.C.E. Co., Inc.
P.O. Box 610583
Dallas/Fort Worth Airport, TX 75261-0583
RE: The tariff classification of a ring pillow, bridal pouch, picture frame, VCR case, pen & holder, garter, flute-glass cover, registration book, and a wedding album from China and/or Taiwan.
Dear Mr. Stewart:
In your letter dated March 1, 2001, on behalf of Valtron, Inc. you requested a classification ruling. The samples are being returned as requested.
The samples submitted are a ring pillow, item number NP-0130/E, bridal pouch, item number B300/E, picture frame, item number NF-0130/E, VCR case, item number NV-0130/E pen & holder, item number NH-0130/E, garter, item number G-319, registration book, item number NB-0130, and a wedding album, item number NA-0130/E. Also submitted was a photograph depicting the above items and the flute-glass cover, item number item number NC-0130. The ring pillow is made with an outershell of either a man-made woven fabric or silk woven fabric with polyester filling. It is decorated with embroidered designs, beads and a ribbon tied into a bow.
The bridal pouch is a drawstring handbag constructed of either man-made woven fabric or silk woven fabric. The bag is secured by means of a rope-like drawstring top closure. The drawstring can be used as double carrying straps. It is decorated with embroidered designs, beads and a ribbon tied into a bow.
The picture frame is constructed of a paperboard base covered with either man-made woven fabric or silk woven fabric on the front. The back is covered with textile fibers. A separate hinged piece of paperboard is attached to the back as a stand. The midsection of the front of the article incorporates a transparent plastic, behind which a photograph may be inserted. It is decorated with embroidered designs, beads and a ribbon tied into a bow.
The VCR case is made of a paperboard base covered internally and externally with either man-made woven fabric or silk woven fabric. The top and bottom is slightly padded. It is held closed with a tie ribbon. The top is decorated with embroidered designs, beads and a ribbon tied into a bow.
The pen & holder is a pen with a wooden stand. The article is a composite good, comprising a pen, a metal holder for the pen and a wooden stand. The rectangular shaped wooden stand is covered with either man-made woven fabric or silk woven fabric. Attached onto the wooden stand is a metal holder which the pen is contained. The pen consists of a metal barrel with a ballpoint ink cartridge. In the opinion of this office, in this case, the pen provides the essential character of this article.
The garter is designed to be worn around the legs or arms. It is constructed of lace-
like fabric sewn around either a man-made woven fabric or silk woven fabric covered elasticized band. It is decorated with ribbons tied into a bow and beads.
The registration book is a wedding guest spiral-bound book. It is comprised mostly of blank pages, which are lined to accommodate names of the guests. The registration book is attached onto a cover made of a paperboard base covered internally and externally with either man-made woven fabric or silk woven fabric. The front of the cover is decorated on the exterior side with embroidered designs, beads and a ribbon tied into a bow.
The wedding album is constructed of a paperboard base covered externally and internally with either man-made woven fabric or silk woven fabric. Attached onto the inside is a spiral-bound book consisting of pages on which photographs can be affixed. The front of the article is decorated on the exterior side with embroidered designs, beads and a ribbon tied into a bow.
We are unable to respond to your request for a classification ruling on a flute-glass cover. Our office did not receive a sample of the flute-glass cover and it is not clear in the photograph what the item is. Your request for a classification ruling should include a sample. When this information is available, you may wish to consider resubmission of your request.
The applicable subheading for the ring pillow, picture frame and VCR case will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The duty rate will be 7 percent ad valorem.
The applicable subheading for the bridal pouch, if made of man-made material, will be 4202.22.8050, HTS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.3 percent ad valorem. If constructed of silk material, the subheading will be 4202.22.7000, HTS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other containing 85 percent or more by weight of silk or silk waste. The duty rate will be 7 percent ad valorem.
The applicable subheading for the pen & holder will be 9608.10.0000, HTS, which provides for ballpoint pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.
The applicable subheading for the garter, if made of man-made material, will be 6212.90.0030, HTS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other... of man-made fibers or man-made fibers and rubber or plastics. If the garter is constructed of silk material, the applicable subheading will be 6212.90.0050, HTS, which provides for other containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 6.7 percent ad valorem for both subheadings.
The applicable subheading for the registration book will be 4820.10.4000, HTS, which provides for certain blank books, including registers. The rate of duty will be free.
The applicable subheading for the wedding album will be 4820.50.0000, HTS, which provides for albums for samples or for collections, of paper or paperboard. The rate of duty will be 1.2 percent ad valorem.
Merchandise classified under subheading 4202.22.8050, HTS, falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
Merchandise classified under subheading 6212.90.0030, HTS, falls within textile category designation 659. 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 Mitchel Bayer at 212-637-7086.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division