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HQ 086702


May 15, 1990

CLA-2 CO:R:C:G 086702 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6303.92.0000

Mr. Richard G. Seley
Rudolph Miles & Sons
4950 Gateway East
El Paso, Texas 79942

RE: Classification of textile mini blinds

Dear Mr. Seley:

This letter is in response to your letter of March 15, 1990, on behalf of Studebaker Coachworks, Inc., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for textile mini blinds.

FACTS:

According to the information you have provided, the subject articles are mini blinds which will be produced in various models for customized vans and recreational vehicles. The textile portion of the blinds is 100 percent polyester. You have stated that the textile material will be woven, pleated and cut to width and length in the United States. You have also stated that all components are of United States origin except for the string which will be made in Sweden.

You have also requested a ruling on the applicability of subheading 9802.00.80, HTSUSA, to the subject mini blinds imported from Mexico.

ISSUE:

How are the subject mini blinds classified under the HTSUSA?

LAW AND ANALYSIS:

Classification

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1 through 6. The systematic detail of the HTSUSA is such that virtually all goods are classified by application of GRI 1, that
is, according to the terms of the headings of the tariff schedule and any relevant section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Heading 6303, HTSUSA, provides for curtains (including drapes) and interior blinds; curtain or bed valances. The Explanatory Notes to heading 6303, HTSUSA, provide that the heading covers interior blinds which are usually opaque and of the roller variety. The example given is of interior blinds for railway carriages. Therefore, the Explanatory Notes indicate that the heading is not limited to household type curtains and interior blinds. The Explanatory Notes constitute the official interpretation of the tariff schedule at the international level. In view of the foregoing, the subject mini blinds are classifiable under heading 6303, HTSUSA.

Reduced Tariff Eligibility

Subheading 9802.00.80, HTSUSA, provides a partial duty exemption for:

Articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting. [Merchandise covered by this subheading was previously covered by item 807.00, Tariff Schedule of the United States (TSUS).]

All three requirements of subheading 9802.00.80, HTSUSA, must be satisfied before a component may receive a duty allowance. An article entered under subheading 9802.00.80, HTSUSA, is subject to a duty upon the full value of the imported article, less the cost or value of the U.S. components assembled therein, provided there has been compliance with the documentary requirements of section 10.24, Customs Regulations (19 CFR 10.24). In the instant case, all of the components except the Swedish string are eligible for a duty allowance.

HOLDING:

The subject mini blinds are classifiable in subheading 6303.92.0000, which provides for curtains (including drapes) and interior blinds; curtain or bed valances; other, of synthetic fibers. The textile category is 666 and the rate of duty is 12.8 percent ad valorem. The required visa quantity in kilos is the total net weight.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

On the basis of the information submitted, it is our opinion that the U.S. components exported to Mexico for assembly into mini blinds, except for the Swedish string, will be entitled to the duty allowances under subheading 9802.0080, HTSUSA. Therefore, an allowance in duty may be made under this tariff provision for the cost or value of the U.S. components, excluding the Swedish string, upon compliance with the documentation requirements of 19 CFR 10.24.

Regarding the Special Regime applicability, as of May 1, 1990, category 666 is no longer subject to quota restraints nor subject to Special Regime treatment.

Sincerely,

John Durant, Director

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