NY 0858868 - The tariff classification of "Four Egg Windsock" from China. - United States International Trade Commision Rulings

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NY 858868
Dec 21 1990

CLA-2-63:S:N:N3G:345 858868

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9590

Mr. David Malina
Assistant Manager Import/Traffic
Silvestri Corporation
2720 North Paulina Street
Chicago, Illinois 60614

RE: The tariff classification of "Four Egg Windsock" from China.

Dear Mr. Malina:

In your letter dated November 30, 1990, you requested a tariff classification ruling.

The sample submitted is a "Four Egg Windsock," Item no. 7041. It is composed of four pieces of woven nylon fabric cut into the shape of an egg and attached to a plastic ring covered with nylon woven fabric. Attached to the bottom of the egg shaped fabric is a plastic ring measuring approximately 6 inches in diameter. It is covered with the same fabric as the top ring with eight strips measuring approximately 36 1/2 inches long attached. Bunnies are painted on four of the strips. Textile braided strings are inserted through metal eyelets, situated below the plastic ring, to enable the article to be hung-up for decorative purposes indoors or outdoors. The sample is being returned as requested.

You believe that the article should be classifiable under heading 9505, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles...other, other. When determining whether an item can be considered for classi- fication in Heading 9505, it is Customs' position that an article, by its shape, design, ornamentation and appropriate use in connection with a recognized festive holiday is an article that falls under Heading 9505. For the most part, the items have no function, but are decorative in nature.

Because 9505 is a use provision, the additional U.S. Rules of Interpretation must be reviewed. That rule states: In the absence of special language or context which otherwise requires -- (a) a tariff classification controlled by use (other than actual use) is to be determined in accordance with use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use:

The instant product may have the design or ornamentation appropriate for use during a specific holiday. However, "Four Egg Windsock," as a class or kind, is not specifical- ly holiday related. "Four Egg Windsock," as a class or kind, is used all year long, and has a wide variety of uses. It should be classified under one heading appro- priate for the class of merchandise.

The applicable subheading for the "Four Egg Windsock" will be 6307.90.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...other, other. The rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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