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NY 881018




December 16, 1992

CLA-2-63:S:N:N6: 349 881018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000, 6304.99.1000, 6304.99.1500

Mr. Hernando Taylor
Texturas & Tapices
Calle 58 No. 43 - 23
Apartado Aereo 50334
Barranquilla, Colombia

RE: The tariff classification of wall hangings from Colombia.

Dear Mr. Taylor:

In your letter dated September 18, 1992, received in this office on December 4, 1992, you requested a tariff classification ruling.

The items are described as tapestries. The submitted brochure depicts several different sizes, designs and types of textile wall hangings. They are shown as being made by hand on a loom. Each wall hanging is a unique piece done in a mixed medium. In addition to wool and cotton, the wall hangings may include leather, horsehair, agave fiber, bronze, copper and pre-colombian replicas.

The applicable subheading for wall hangings of cotton will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for "certified hand-loomed and folklore" wall hangings of wool will be 6304.99.1000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: wall hangings of wool or fine animal hair: certified hand-loomed and folklore products. The rate of duty will be 7.5 percent ad valorem.

The applicable subheading for wall hangings of wool that do not qualify as "certified hand-loomed and folklore products" (e.g. containing machine stitching) will be 6304.99.1500, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: wall hangings of wool or fine animal hair: other. The rate of duty will be 12.8 percent ad valorem.

Goods classifiable under subheading 6304.99.1000, HTS, which are products of Colombia are entitled to a free rate of duty under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations. Products of Colombia classifiable under this subheading are also entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Cotton wall hangings fall within textile category designation 369. Wool wall hangings that do not qualify as "certified hand-loomed and folklore products" fall within textile category designation 469. Based upon international trade agreements, products of Colombia are subject to visa requirements. "Certified hand-loomed and folklore" wall hangings of wool must be accompanied by an exempt certification.

The designated textile and apparel categories 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.

You have also asked if this ruling is binding in Puerto Rico. The "customs territory of the United States" refers to the States, the District of Columbia and Puerto Rico. Section 177.9 of the Customs Regulations state that "A ruling letter issued by the Customs Service, under the provisions of this part, represent the official position of the Customs Service with respect to the particular transaction or issue described therein and is binding on all Customs Service personnel in accordance with the provisions of this section until modified or revoked."

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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