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HQ 956046


June 27, 1994

CLA-2 CO:R:C:T 956046 BC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Joel Switsky
President
ARCHER FREIGHT SYSTEMS, INC.
P.O. Box 460067
San Antonio, Texas 78246-0067

RE: Reconsideration of NYRL 894308; classification of roll-up window blinds made of plastic oval slats; monofilaments; Legal Note 2(ij), Chapter 39, HTSUSA; Legal Note 1, Chapter 46, HTSUSA

Dear Mr. Switsky:

This responds to your letter of March 9, 1994, wherein you requested Headquarters reconsideration of New York Ruling Letter (NYRL) 894308, dated February 17, 1994. We have reviewed the matter, including the samples submitted with this request, and our decision follows.

FACTS:

On February 17, 1994, Customs issued NYRL 894308 to ARCHER FREIGHT SYSTEMS, INC., on behalf of Builders Square, Inc. That ruling classified roll-up window blinds made of plastic slats (monofilaments) under subheading 4602.90.0000, HTSUSA.

The samples submitted are (1) roll-up window blinds measuring 2.5 feet x 6 feet and (2) roll-up window blinds measuring 3 feet x 6 feet. The former blinds are made of 1/4 inch hollow, plastic oval slats placed side by side and bound together with textile thread. Each slat is a somewhat flattened monofilament measuring approximately 6 mm in diameter. The latter blind is made of rows of hollow, plastic oval slats (monofilaments) alternating with two hollow, plastic round monofilaments bound together with textile thread. The oval slats are somewhat flattened 3/8 inch monofilaments measuring approximately 7 mm in diameter. The round monofilaments measure approximately 3 mm in diameter. Both samples have plastic headrails and bottom rails, metal hardware, and a textile pull string to raise and lower the blinds.

You contend that the blinds should be classified under subheading 3925.30.1000, HTSUSA, as builder's ware of plastic, not elsewhere specified or included: blinds.

ISSUE:

What is the proper classification for the plastic monofilament, roll-up window blinds at issue?

LAW AND ANALYSIS:

In NYRL 894308, Customs classified the blinds at issue in subheading 4602.90.0000, HTSUSA, for the following reasons (not expressed in the ruling):

The blinds at issue are made of plastic monofilaments. This fact implicates headings 3925 and 4602, HTSUSA. Heading 3925, HTSUSA, according to Legal Note 11 of Chapter 39, HTSUSA, provides for shutters and blinds made of plastic. Thus, the blinds at issue appear prima facie classifiable in heading 3925, HTSUSA.

Heading 4602, HTSUSA, provides for basketwork, wickerwork, and other articles made directly to shape from plaiting materials or made from articles of heading 4601, HTSUSA. Legal Note 1, Chapter 46, HTSUSA, provides the following: "In this chapter the expression `plaiting materials' means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes . . . monofilament and strip and the like of plastics . . ." Since monofilament of plastic qualifies as plaiting material, and the blinds at issue are made of monofilaments of plastic, the blinds qualify as "other articles made directly to shape from plaiting materials." Consequently, the blinds at issue are prima facie classifiable in heading 4602, HTSUSA.

As above, it would appear that the blinds made of plastic monofilaments are prima facie classifiable in heading 3925, HTSUSA. However, Legal Note 2(ij) of Chapter 39, HTSUSA, precludes from classification in Chapter 39 "[p]laits, wickerwork or other articles of Chapter 46." Since the blinds at issue, being prima facie classifiable in heading 4602, HTSUSA, qualify as "other articles of Chapter 46," they are excluded from classification in Chapter 39 and therefore cannot be classified in heading 3925, HTSUSA.

You stated that General Rule of Interpretation (GRI) 1 should control the classification decision in this case. We agree. According to GRI 1, classification decisions are made "according to the terms of the headings and any relative section or chapter notes . . . " (Emphasis added.) The decision in NYRL 894308 is based on the above cited chapter notes; thus, it is in accordance with GRI 1. The classification decision of NYRL 894308 is correct.

HOLDING:

The roll-up window blinds made of plastic monofilaments are classifiable in subheading 4602.90.0000, HTSUSA. New York Ruling Letter 894308 is affirmed.

Sincerely,

John Durant, Director

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