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NY 816366




November 27, 1995

CLA-2-63:RR:NC:TP:349 816366

CATEGORY: CLASSIFICATION

TARIFF NO.: 6303.91.0000; 6303.92.2000

Ms. Kathleen Dillon
Airport Clearance Service, Inc.
55 Inip Drive
Inwood, NY 11096

RE: The tariff classification and the country of origin marking of a valance and rod set from Pakistan and Canada

Dear Ms. Dillon:

In your letter dated November 2, 1995, on behalf of Stylemaster Inc., you requested a classification and marking ruling.

You submitted a valance and rod set. The balloon valance is made from either a 100 percent cotton woven fabric or a 100 percent polyester woven fabric. It measures approximately 16 x 60 inches and has a three inch wide rod pocket extending the length of the valance. The 2-1/2 inch adjustable rod is made from polyvinyl chloride (PVC) and features adjustable end brackets. The PVC rod is made in Canada and shipped to Pakistan. The valance is made in Pakistan. The rod, valance and a package insert are packed in a clear plastic bag in Pakistan and shipped to the United States. The PVC rod is marked "Made in Canada" and the valance is marked "Made in Pakistan". The package insert also indicates the respective country of origin markings and is visible through the polybag.

Classification of goods under the Harmonized Tariff Schedule of the United States, is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(b) provides that composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to GRI 3(b) state that the term goods put up in sets for retail sale shall be taken to mean goods which consist of a least two different articles which are prima facie classifiable in different headings, consist of products or articles put up together to meet a particular need or carry out a specific activity, and are put up in a manner suitable for sale directly to users without repacking. The merchandise at issue meets this definition of a set. The balloon valance is the component which imparts the essential character in this set.

The applicable subheading for the cotton valance and rod set will be 6303.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of cotton. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for the polyester valance and rod set will be 6303.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: other. The duty rate will be 12.6 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations 19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

The proposed marking of the imported valance and rod set, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is acceptable country of origin marking for the set.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. These labelling requirements cover fiber content, country of origin and other information that must appear on textile products. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, for information on the applicability of these requirements to this item.

The cotton valance falls within textile category designation 369 and the polyester valance falls within textile category designation 666. Based upon international textile trade agreements products of Pakistan are subject to the requirement of a visa.

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. 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.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.

Sincerely,

Roger J. Silvestri
Director

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