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NY N015483




September 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.94.4000; 4601.99.9000

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 window shade material composed of strips of jute, ramie, raffia, or paper 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 a window shade material referred to as the Charleston style. The style is manufactured in six model numbers having different colors and different material compositions. The model numbers are WWCH467-Cobblestone, WWCH510-Bay Oyster, WWCH626-Yorktowne Brown, WWCH743-Ashley River, WWCH286-Stoneground Grits and WWCH315-Sweetgrass. Representative samples bound in a swatch sample book were submitted, which will be returned to you as you requested.

The window shade material will be imported in rolls with taped ends, measuring 6 feet or 8 feet wide x 60 feet long. It is composed primarily of strips of various natural plant materials or of strips of paper, placed side by side and held together, in sheet form, with vertically interwoven polyester yarn. After importation, the material will be cut to desired widths and lengths and manufactured into window shades by adding head rails, lift cords and other necessary parts.

Model numbers WWCH467-Cobblestone, WWCH510-Bay Oyster and WWCH626-Yorktowne Brown are composed of a repeating pattern of two strips of jute (in red, natural or brown hues) and one bamboo rod, approximately 1.0 mm in diameter. The jute strips are in the natural state, cut from the stalk of the plant, fumigated, carbonized and dyed. The essential character of these models is imparted by the jute strips. The jute strips comprise most of the surface area of the shade material and are the most prominent component.

Model number WWCH743-Ashley River is composed of a repeating pattern of two strips of ramie and one bamboo rod, approximately 1.0 mm in diameter. The ramie strips are in the natural state, cut from the stalk of the plant and fumigated. The essential character of this model is imparted by the ramie strips, which comprise most of the surface area and are the most prominent component.

Model number WWCH286-Stoneground Grits is composed of a repeating pattern of one natural raffia strip, one twisted paper strip and one bamboo rod, approximately 1.0 mm in diameter. The bamboo rod and the raffia strip are vegetable materials. Thus, this shade material is composed mostly of vegetable materials. Of the two vegetable materials, the raffia strip is the most prominent. Therefore, the essential character of this model is imparted by the raffia strip.

Model number WWCH315-Sweetgrass is composed of a repeating pattern of two strips of folded paper and one bamboo rod, approximately 1.0 mm in diameter. The essential character of this model is imparted by the folded paper strips, which comprise most of the surface area and are the most prominent component.

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.

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 materials, namely, the jute strips, the ramie strips, the raffia strips and the folded paper strips, which constitute the essential character of the six models of window shade material described above, are plaiting materials within the terms of Chapter Note 1 of Chapter 46. In addition, the subject six models of window shade material meet the description of products of heading 4601 as described in Chapter Note 3 of Chapter 46.

The applicable subheading for the Charleston style window shade material identified as model numbers WWCH467-Cobblestone, WWCH510-Bay Oyster, WWCH626-Yorktowne Brown, WWCH743-Ashley River and WWCH286-Stoneground Grits 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 bamboo or rattan): 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.

The applicable subheading for the Charleston style window shade material identified as model number WWCH315-Sweetgrass will be 4601.99.9000, 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): Other (than of bamboo, of rattan or of other vegetable materials): Other (than plaits and similar products of plaiting materials, whether or not assembled into strips). The rate of duty will be 3.3 percent ad valorem.

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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