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HQ 087286


August 23, 1990

CLA-2 CO:R:C:G 087286 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0020, 6304.99.3500

Ms. Cathy Chan
New Products Department
L. Kee & Company, Inc.
543 Forbes Boulevard
South San Francisco, CA 94080-2019

RE: Classification of a wine bottle bag and wine bottle holders; classifiable as other furnishing articles in Heading 6304

Dear Ms. Chan:

This letter is in response to your inquiry of April 24, 1990, requesting tariff classification of decorative bottle covers. Samples were submitted for examination.

FACTS:

The submitted merchandise consists of two wine bottle holders and one wine bottle bag. One wine bottle holder, which measures approximately 15 inches long, is crocheted and made of 100 percent cotton fabric. The other wine bottle holder is made of 100 percent linen and measures approximately 14 inches long. Both holders appear to be designed to wrap around a wine bottle.

The submitted wine bottle bag is crocheted and made of 100 percent cotton fabric. It measures approximately 10 inches long and 4 inches wide and is closed at one end. It appears to be designed to hold a bottle of wine.

ISSUE:

Whether the submitted merchandise is classifiable in Heading 6304 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

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

Heading 6304, HTSUSA, provides for other furnishing articles, excluding those of Heading 9404, HTSUSA. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, Heading 6304 covers furnishing articles of textile materials for use in the home. We believe that the submitted merchandise is of the class or kind of article provided for in Heading 6304. (See HRL 086761, dated June 26, 1990, in which decorative bottle covers were classified in Heading 6304.) Therefore the submitted merchandise is classifiable in this heading.

HOLDING:

The wine bottle holder and wine bottle bag that are crocheted and made of 100 percent cotton fabric are classified under subheading 6304.91.0020, HTSUSA, which provides for other furnishing articles, excluding those of Heading 9404, other, knitted or crocheted, of cotton. The rate of duty is 11.5 percent ad valorem, and the textile category is 369.

The wine bottle holder that is made of 100 percent linen is classified under subheading 6304.99.3500, HTSUSA, which provides for other furnishing articles, excluding those of Heading 9404, other, not knitted or crocheted, of other textile materials, other, of vegetable fibers (except cotton), other. The rate of duty is 12.8 percent ad valorem, and the textile category is 899.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The samples are being returned to you under separate cover.

Sincerely,

John Durant, Director

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