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HQ 083275

December 12,1989

CLA-2 CO:R:C:G 083275 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Bennett A. Caplan, Esq.
McDermott, Will & Emery
1850 K Street, N.W.
Suite 500
Washington, D.C. 20006

RE: Drapery Tieback from India / Quota-Exempt Status of Various Articles

Dear Mr. Caplan:

This ruling is in response to your letter of November 16, 1988, on behalf of your client Daphne Tyson Co., requesting the proper classification of a drapery tieback under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was forwarded for our examination. You also have requested a quota-exempt status determination for this article (and others) under the United States-India Bilateral Textile Agreement [hereinafter "Agreement"].

FACTS:

The submitted sample, Item No. 9880, is a multi-colored tieback made of 100 percent rayon. It measures approximately 31 inches in length, with a diameter of approximately 3 inches. Small loops at both ends of the article attach to wall hooks, thus securing in place the drapery and tieback itself.

In your letter, you posit that the tieback is classifiable as an "other furnishing article" under subheading 6304.93.0000, HTSUSA. You also assert that this particular style of tieback qualifies as a handmade handloom made-up article of a cottage industry of India, thus exempt from quota restrictions prescribed by the Agreement. The same quota-exempt status is being sought for items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120, 9610, 9640, 9700, 9750, 9760, 9780, 9800, 9890, and 3110 earlier classified in New York Ruling Letters (NYRLs) 834177, 834090, 834091, 834132, 834132, 834130, 834179, 834094, 834092, 834129, 834128, 834127, 834178, 834093, 834134, 834131, and 834133, respectively.

ISSUES:

I. Whether Item No. 9880 is classifiable as an "other furnishing article" under subheading 6304.93.0000, HTSUSA.

II. Whether Item No. 9880, along with all the other subject articles classified in the above-cited NYRLs, enjoy quota- exempt status under the Agreement.

LAW AND ANALYSIS:

ISSUE I

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6304, HTSUSA, provides for "other furnishings, articles, excluding those of heading 9404." The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. The Explanatory Note to heading 6304 indicates that the heading covers furnishing articles of textile materials. Moreover, the Note expressly includes curtain loops among those articles deemed exemplars of heading 6304.

Here, the subject tieback greatly resembles a curtain loop; both serve to hold curtains in place. The exclusionary language of heading 6304 does not apply; a drapery tieback is not an article of bedding as described in heading 9404. Consequently, Item No. 9880 is classifiable as an "other furnishing article" in heading 6304, HTSUSA.

ISSUE II

Under paragraph 1 of Annex D of the Agreement, certain products may enter the U.S. free from quota restrictions, provided they qualify as one of the following:

(A) Handloom fabrics of the cottage industry.

(B) Hand-made textile products made in the cottage industry of India from fabrics referred to in (A) above.

(D) Traditional folklore handicraft textile products made in the cottage industry of India as defined in the
list of "India Items" agreed between both the parties and attached herewith at Annex E.

After careful consideration, Customs believes that Item No. 9880 does not qualify under any of the foregoing exempt provisions since the product is not a handloomed fabric nor is it made from handloomed fabrics. Furthermore, it is not included among the products described in Annex E. Quota restraints, therefore, apply.

As to items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120, 9610, 9640, 9700, 9750, 9760, 9780, 9800, and 9890, we reach a similar result. Handloomed trimmings such as tassels, ropes, braids and rosettes, etc., do not fall under any of the existing quota-exempt provisions of the Agreement.

Notwithstanding the above determinations, Customs finds that Item No. 3110, classified in subheading 5806.32.1090, HTSUSA, is exempt from quota restrictions under the Agreement. This, due to the fact that the product is a handloomed fabric.

HOLDING:

Item No. 9880 is classifiable under subheading 6304.93.0000, HTSUSA, which provides for other furnishing articles, excluding those of heading 9404, other, not knitted or crocheted, of synthetic fibers, textile category 666. The applicable rate of duty is 10.6 percent ad valorem. This product does not enjoy quota-exempt status under the Agreement.

Items 9820, 1070, 1130, 1580, 1680, 2120, 2170, 3120, 9610, 9640, 9700, 9750, 9760, 9780, 9800, and 9890 also do not qualify for quota-exempt status. This being the case, special care must be made to adhere to the visa requirements outlined in Annex F of the Agreement. Please consult the NYRLs and the HTSUSA to determine the textile category applicable to each specific item.

The designated textile and apparel category 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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Item 3110 is exempt from quota restrictions. To ensure proper entry, see Section XI, Statistical Note 1 of the HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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