HQ 083786: Classification of vertical blinds

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 083786

                                   March 31, 1989


          CLA-2 CO:R:C:G  083786 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6303.92.0000

          Ralph R. Sheppard, Esquire
          Adduci, Mastriani, Meeks & Schill
          551 Fifth Avenue
          New York, New York 10176

          RE:  Classification of vertical blinds

          Dear Mr. Sheppard:

                This ruling letter is in response to your inquiry of
          February 8, 1989, on behalf of Window Concepts, Inc., regarding
          classification of vertical window blinds under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA).  A
          sample produced in Taiwan and descriptive literature were
          submitted for examination.

          FACTS:

                According to your submissions, the merchandise consists of
          an aluminum headrail mechanism, non-woven fabric vanes, a plastic
          valance designed to be attached to the top of the aluminum
          headrail, steel vane weights which are inserted at the bottom of
          the non-woven fabric vanes, plastic and nylon attachments which
          secure the bottoms of the vanes together, and other steel and
          plastic hardware.  The blinds are designed to be assembled by the
          consumer and can be used in front of windows, sliding glass doors
          and other locations.

          ISSUE:

                Whether the vertical blinds at issue are classified under
          heading 7616, HTSUSA, or under heading 6303, HTSUSA.  



















                                         -2-

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),
          taken in order.  When an article consists of more than one
          component as in this case, and cannot be classified pursuant to
          GRI 1, then GRI 3 is applicable.

                GRI 3(a) provides that the heading that is most specific
          shall be preferred.  However, when two or more headings refer to
          part only of the materials or substances contained in composite
          goods, those headings are to be regarded as equally specific in
          relation to those goods, even if one of them gives a more
          complete or precise description of the goods.  Heading 7616,
          HTSUSA, provides for other articles of aluminum.  Heading 6303,
          HTSUSA, provides for curtains and interior blinds; curtain or bed
          valances.

                The chapter notes to chapter 63, HTSUSA, provide that
          subchapter 1 applies only to made up articles, of any textile
          fabric.  Since the blinds at issue are composed of aluminum and
          textile, we cannot determine by relative specificity that heading
          6303 is more specific.  Therefore, we proceed to GRI 3(b).  GRI
          3(b) provides that composite goods consisting of different
          components, are classified by the component which gives them
          their essential character.  The Explanatory Notes constitute the
          official interpretation of the tariff at the international level.
          The Explanatory Notes to GRI 3(b), state that essential character
          may be determined by the nature of the component, its bulk,
          quantity, weight or value, or by the role of a constituent
          material in relation to the use of the goods.

                You assert that the essential character cannot be
          determined for the instant merchandise because the aluminum
          headrail and the fabric vanes are equally essential to the
          functioning of the product.  We do not agree.  While the fabric
          vanes could not operate without the headrail mechanism, the
          headrail has the same function as a curtain rod or similar
          article.  The headrail could be used with plastics, wood,
          textile, steel or aluminum vanes and produce the same results.
          The function of the headrail is to act as a curtain rod and it is
          the vanes that determine whether the blinds will be sold as
          plastic, wood, textile, steel or aluminum blinds.  Therefore, we
          believe that the essential character of the vertical blinds at
          issue is imparted by the fabric vanes.  

















                                         -3-

          HOLDING:

                The vertical blinds at issue are classified under
          subheading 6303.92.0000, HTSUSA, which provides for curtains
          (including drapes) and interior blinds; curtain or bed valances,
          other, of synthetic fibers, textile category 666, and dutiable at
          the rate of 12.8 percent ad valorem.

                Due to the changeable nature of the statistical annotation
          (the ninth and tenth digits of the classification) and the
          restraint (quota/visa) categores applicable to textile
          merchandise, you should contact your 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