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NY N024695




March 26, 2008

CLA-2-63:OT:RR:NC:N3:349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000; 6307.90.9889

Tania Balog
Ranko Balog Co.
P.O. Box 92916
Los Angeles, CA 90009-2916

RE: The tariff classification of a curtain tieback and hang tag from China

Dear Ms. Balog:

In your letter dated March 7, 2008 you requested a classification ruling on behalf Season Linens Inc.

The submitted samples are a polyester band for curtains (curtain tieback) and hang tag. The curtain tieback is made from 100 percent polyester woven fabric. It measures 2.5 inches wide by 40 inches long. The face side of the tieback features a button. The ends of the tieback are joined to each other by means of metal snaps. The hang tag is made from 100 percent cotton woven fabric. One side tag features a ribbon tie that goes through a hole. The hang tag is printed and it measures approximately 4 inches square. The edges are finished with an overlock stitch.

You suggest that the polyester band for curtains (curtain tieback) is classifiable under subheading 6307.90.9889, HTSUS as a “made up article”. Please note, that the Explanatory Notes to heading 6304, HTSUS, include curtain loops as an example of items falling within that heading.

The applicable subheading for the curtain tieback will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for the hang tag will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 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/.

The curtain tieback falls within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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