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NY J83552




May 1, 2003

CLA-2-46:RR:NC:2:230 J83552

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.91.2000

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of woven bamboo and wood window shade material from China

Dear Mr. Morgan:

In your letter dated April 4, 2003, on behalf of your client, Louver-Lite (Canada) Ltd., you requested a tariff classification ruling.

The ruling was requested on four styles of window shade materials. Representative samples of each style in various colors were submitted. The materials will be imported into the United States in widths of 96” and in various lengths up to 30 meters. The materials consist of woven wood strips or woven bamboo strips in sheet form without any other additions. After importation, the materials will be made into window shades by cutting to specific sizes and assembling with necessary window shade fittings, such as headers, rollers, bottom rails, pull cords and hardware.

The “Dominica” style consists of bamboo strips (each 6 mm wide x 1.5 mm thick x 96” long) and wood sticks or rods (each 2.5 mm in diameter x 96” long) alternately placed side by side and woven together with polyester yarn. The essential character of this material is imparted by the bamboo strips because the bamboo comprises most of the area of the material.

The “Haiti” style consists of strips of basswood (each 4 mm wide x 1 mm thick x 96” long) placed side by side and woven together with polyester yarn. Six samples, each with a different color finish, were submitted.

The “Martinique” style consists of strips of basswood (each 7 mm wide x 1.5 mm thick x 96” long) placed side by side and woven together with polyester yarn. The style is available in four different wood stain finishes.

The “Montserrat” style consists of strips of basswood (each 7 mm wide x 1.5 mm thick x 96” long) and basswood sticks or rods (each 2.75 mm in diameter and 96” long) alternately placed side by side and woven together with polyester yarn. The essential character of the material is imparted by the wood strips. The style is offered in two finishes, pecan and pine.

The applicable subheading for the woven bamboo strip material (Dominica style) and the woven wood strip material (Haiti, Martinique and Montserrat styles) will be 4601.91.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles; other (than mats, matting and screens); of vegetable materials; of one or more of the materials bamboo, rattan, willow or wood. The rate of duty will be 6.6 percent ad valorem.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

This ruling is being issued under the provisions of Part 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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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