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NY N015482




September 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.94.4000

Lars-Erik A. Hjelm, Esq.
Lisa W. Ross, Esq.
Akin, Gump, Strauss, Hauer & Feld, LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036-1564

RE: The tariff classification of woven window shade fabrics composed of various plaiting materials from China

Dear Mr. Hjelm and Ms. Ross:

In your letter dated August 7, 2007, on behalf of your client, Hunter Douglas Inc., you requested a tariff classification ruling.

The ruling was requested on five styles of woven window shade fabrics

The term “fabric” as used in this letter refers to a method of construction using materials from which things may be made. It does not refer to textile materials. composed primarily of natural fibrous plant materials. Representative samples bound in a swatch book were submitted for our review. The book will be returned to you as you requested.

The five styles of window shade fabrics covered by this ruling are identified as Autumn Harvest, Shogun, Brisbane, Rustica and Tahiti. The fabrics consist of parallel horizontal rows of various plant materials placed side by side and held in place by textile thread or yarn. The five styles will be imported in rolls, measuring 6 or 8 feet wide x 60 feet long, with temporarily taped ends. After importation, the fabrics will be cut to desired widths and lengths and manufactured into window shades by adding head rails, lift cords and other necessary parts.

The Autumn Harvest style (model numbers, in different colors, WWAH438-Fig, WWAH442-Grapevine, WWAH512-Pumpkin, WWAH519-Persimmon and WWAH708-Chive) is composed of a repeating pattern of one rattan rod, approximately 6 mm in diameter, and six rows of twisted seagrass strips. (Models 512 and 519 have braided seagrass strips.) The twisted or braided seagrass strips impart the essential character of these models. The seagrass covers the greater surface area of this fabric, thus playing a greater role in the eventual functioning of the product as a shade and providing the greater visual impact.

The Shogun style (model numbers, in different colors, WWSN262-Aita Ash, WWSN361-Osaka Tea, WWSN389-Kyoto Maple, WWSN459-Sakata Pecan and WWSN484-Fuji Cedar) is composed of an alternating pattern of one bamboo rod, approximately 2 mm in diameter, and one braided rice grass stem, approximately 3 mm wide. The essential character of this style is imparted by the rice grass because it covers the greater surface area and provides the greater visual impact. (We note that the sample book contained only a swatch of model WWSN262-Aita Ash.)

The Brisbane style (model numbers, in different colors, WWBR376-South Bank Sand, WWBR876-Shiraz, WWBR883-Hamersley Range and WWBR771-Eucalyptus) is composed of a repeating pattern of two bamboo rods, approximately 2 mm in diameter, and four strips of jute (in the natural state, from the stalk of the plant). After a repetition of every five of these, an additional two bamboo rods and six braided strips of jute are added to the pattern. The essential character of this style is imparted by the jute strips, in both braided and straight form, which comprise the greater surface area and provide the greater visual impact.

The Rustica style (model numbers, in different colors, WWRU430-Split Rail, WWRU469-Aged Leather, WWRU451-Cracked Clay and WWRU472-Weathered Timber) is composed of a repeating pattern of 18 to 20 strips of jute (in the natural state) and one bamboo rod, approximately 1.5 mm in diameter. The essential character of this style is imparted by the jute strips, which comprise almost the entire shade material.

The Tahiti style consists of five model numbers which differ slightly in composition. Model numbers, in different colors, WWTA955-Black Pearl, WWTA-878Vanilla Bean and WWTA445-Coconut, based on the samples submitted, are composed of a repeating pattern of one bamboo rod, approximately 2 mm in diameter, four strips of jute, one jute “rope” consisting of two natural strips of jute twisted together and another four strips of jute. Model number WWTA700-Lagoon is composed of a repeating pattern of one bamboo rod, approximately 2 mm in diameter, two strips of seagrass, one jute “rope” and another two strips of seagrass. Model number WWTA245-Straw Hut is composed of a repeating pattern of one bamboo rod, approximately 2 mm in diameter, three strips of straw-like grass, another bamboo rod and a grass “rope” consisting of three to four strips of grass twisted together. The essential character of these models is imparted by the jute and grass strips, which comprise the greater area of the shade material.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI’s). GRI 1 provides that classification shall first be determined according to the terms of the headings and any relative section or chapter notes.

Chapter Note 1 of Chapter 46, HTSUS, states that:

In this chapter the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54.

The materials, namely, the jute strips, the rice grass stems, seagrass strips and the other grass strips, which constitute the essential character of the five styles of woven shade material described above, are plaiting materials within the terms of the above chapter note. All of these materials are vegetable materials obtained from parts of plants and are in a form suitable for plaiting.

Some of these materials have been braided or twisted together and made into plaits as intermediate components. However, the products being classified are woven sheets composed of plaits and/or plaiting materials.

Chapter Note 3 of Chapter 46, HTSUS, states that:

For the purposes of heading 4601, the expression “plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands” means plaiting materials, plaits and similar products of plaiting materials, placed side by side and bound together, in the form of sheets, whether or not the binding materials are of spun textile materials.

The subject five styles of window shade fabrics clearly fit within the terms of the second half of heading 4601, as “plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands.”

The applicable subheading for the Autumn Harvest, Shogun, Brisbane, Rustica and Tahiti styles of window shade fabrics, described above, will be 4601.94.4000, HTSUS, which provides for: Plaits, and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles(for example, mats, matting, screens): Other (than mats, matting and screens of vegetable materials): Of other vegetable materials: Other (than plaits and similar products of plaiting materials, whether or not assembled into strips): Other (than of willow or wood). The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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