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HQ 950100


November 21, 1991

CLA-2 CO:R:C:T 950100 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9490

Mr. John T. Gutch popOPEN Company
P.O. Box 23
Pacific Palisades, CA 90272

RE: Classification of a self-opening blanket; classifiable in Heading 6307

Dear Mr. Gutch:

This letter is in response to your inquiry of July 20, 1991, requesting the tariff classification of the "popopen beach blanket." A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as the popopen beach blanket, consists of two layers of woven fabric that have been sewn together. The imported merchandise will be made of 100 percent cotton fabric or of a blend of 50 percent cotton and 50 percent polyester fabric. The two-layer blanket is elliptical- shaped and measures approximately 160 centimeters in length and 100 centimeters in width. At one end of the blanket is a 25 centimeter opening with a hook and loop closure. Inside the blanket between the two layers of fabric is a flexible, metal hoop running along the perimeter of the blanket. The hoop acts as a frame while the blanket is in use. After use the hoop twists in such a manner as to fold the blanket into a disk shape measuring approximately 50 centimeters in diameter. When the blanket is to be used, the hoop acts as a spring which unfolds the fabric. This merchandise comes with a matching drawstring bag that is designed to carry the coiled blanket. You state that this article is for use on the beach or at picnics.

ISSUE:

Whether the merchandise at issue is classifiable in Heading 6301 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Heading 6307, 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 6301, HTSUSA, provides for blankets. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, blankets and travelling rugs are usually made of wool, animal hair, cotton or man-made fibers, frequently with a raised pile surface, and generally of thick heavy-texture material for protection against the cold. The coiled blanket does not meet these requirements and is therefore not classifiable in Heading 6301. It does not have the characteristics or appearance of a towel and thus is not classifiable in Heading 6302, HTSUSA. Consequently the coiled blanket is classifiable as an other made up article of Heading 6307, HTSUSA.

Concerning the classification of the drawstring bag, GRI 5 provides that in addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long- term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The drawstring bag is specially shaped to contain the popopen beach blanket and is suitable for long term use. Assuming it is entered with the coiled blanket, the drawstring bag meets the requirements of GRI 5(a) and is classifiable with the popopen beach blanket in Heading 6307.

HOLDING:

The popopen beach blanket and drawstring bag are classified together under subheading 6307.90.9490, HTSUSA, which provides for other made up articles, other, other, other, other. No textile category is currently assigned to merchandise classified under this subheading.

Articles classified under subheading 6307.90.9490, HTSUSA, when imported from designated beneficiary countries, are entitled to free duty rate under the Generalized System of Preferences (GSP). (Section 503, Trade Act of 1974.) Otherwise, the general rate of duty is 7 percent ad valorem.

Sincerely,

John Durant, Director

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