HQ 089229: Figural door stopper; classifiable heading 6307; other made up article

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           HQ 089229
                         July 22, 1991



CLA-2  CO:R:C:T  089229  JS

CATEGORY:  Classification

TARIFF NO.:  6307.90.9490

Louis S. Shoichet
Siegel, Mandell & Davidson, P.C
One Whitehall Street
New York, New York 10004

RE:  Figural door stopper; classifiable heading 6307; other made
     up article

Dear Mr. Shoichet:

     This is in reference to your letter of March 25, 1991,
requesting classification of a door stopper under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), to be
imported from China or Taiwan.

FACTS:

     The merchandise at issue is a stuffed textile figure of a
dog, measuring approximately 10 inches in height and 12 inches in
length.  You state that the woven shell fabric has a fiber
content of 65 percent polyester and 35 percent cotton.  The
figure's mid-section, head and tail are filled with traditional
stuffing material but the paws enclose weighted beads, and are
capped with rubber traction appliques.  The face has a plastic
nose and plastic eyes.  A textile bow surrounds the figure's
neck.

ISSUE:

     What is the appropriate classification of a textile figure
designed as a door stopper, under the HTSUSA.

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.


                              2

     Heading 6307 provides for other made up articles.  The
Explanatory Notes, the official interpretation of the tariff at
the international level, state that made up articles which are
not included more specifically in other headings of Section XI or
elsewhere in the Nomenclature, are provided for therein.  The
items listed by EN 63.07 as exemplars include tea cosy covers.
This type of article has a primarily functional use, which is
combined with a decorative feature to add appeal.  The item at
issue is similar in that it has been specially designed for
weight, while maintaining a whimsical, decorative effect.  As
such, it is properly classified within heading 6307 as an other
made up article.

HOLDING:

     The merchandise at issue is classified under subheading
6307.90.9490, HTSUSA, which provides for other made up articles,
including dress patterns: other: other: other, other, dutiable at
the rate of 7 percent ad valorem.  China and Taiwan are not
designated beneficiary developing countries under the Generalized
System of Prefences; imports from those countries are therefore
subject to visa and quota restraints, and duty at the assessed
rate.

     The designated textile and apparel category may be
subdivided into parts.  If so, the visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest your client check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at your local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, your client should contact its
local Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division