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NY L80756




December 10, 2004

CLA-2-46:RR:NC:2:230 L80756

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.91.2000; 4602.10.3500; 4602.10.4500

Mr. Gern F. Scott
PBB Global Logistics, Inc.
670 Young St.
Tonawanda, NY 14150

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

Dear Mr. Scott:

In your letter dated November 12, 2004, on behalf of your principal, Louver-Lite (Canada) Limited, you requested a tariff classification ruling.

The ruling was requested on four styles of window shade material, identified as “Antigua ESP”, “Bahama”, “Tobago” and “Tobago ESP”. Representative sample swatches were submitted. The material will be imported in 20 meter long rolls. After importation, the material will be made into window shades by cutting to specific lengths and widths and by adding necessary shade fittings and hardware.

The “Antigua ESP” consists of wood strips, each measuring 4mm wide x 1.5mm thick, placed side by side and woven together with polyester yarn. The woven material is laminated on one side with a room darkening plastic sheeting.

The “Bahama” consists of wood strips and wood rods woven together with polyester yarn. Each strip measures 2.54cm x 2mm thick and each rod measures 2.75mm in diameter. One strip alternates with three rods. The strips impart the essential character because they provide the greater area of the material. The material is not laminated or backed.

The “Tobago” consists of bamboo rods, 1.2mm in diameter, placed side by side and woven together with polyester yarn. The material is not laminated or backed.

The “Tobago ESP” consists of bamboo rods, 1.2mm in diameter, placed side by side and woven together with polyester yarn. The material is laminated on one side with a room darkening plastic sheeting.

The applicable subheading for the woven wood strip “Bahama” style shade material and the bamboo rod “Tobago” style shade material, not laminated, 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 applicable subheading for the bamboo rod “Tobago ESP” style shade material, laminated with plastic sheeting, will be 4602.10.3500, HTSUSA, which provides for other articles made from plaiting materials, of one or more of the materials bamboo, rattan, willow or wood, wickerwork. The rate of duty will be free.

The applicable subheading for woven wood strip ”Antigua ESP” style shade material, laminated with plastic sheeting, will be 4602.10.4500, HTSUSA, which provides for other articles made from plaiting materials, of one or more of the materials bamboo, rattan, willow or wood, other (than wickerwork). 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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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