HQ 089228: Classification of two decorative butterfly shaped articles; Heading 6307

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 089228
                          July 29, 1991


CLA-2 CO:R:C:G 089228

CATEGORY: Classification

TARIFF NO.: 6307.90.9490

Ms. Rosalie Abruzzo
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, New York 11413

RE: Classification of two decorative butterfly shaped articles;
    Heading 6307

Dear Ms. Abruzzo:

     In your letter of April 1, 1991, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for a wire formed textile butterfly to
be imported from the Philippines.  You submitted two samples
along with your request, one of which was forwarded to this
office.

FACTS:

     You describe the samples as wire formed butterflies covered
with nylon mesh.  The sample submitted to this offfice is made of
wire frame covered with painted open-work nylon fabric.  You
state that they are intended to be used as ornaments, i.e., to
be attached to a plant, a window curtain or some other object.

ISSUE:

     What is the proper tariff classification of the butterflies
under the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relative section or chapter
notes.
                                                            2

     Heading 6307, HTSUSA, provides for other made up articles of
textile materials. The Explanatory Notes, the official
interpretation of the tariff at the international level, state
that it covers made up articles of any textile material which are
not included more specifically in other headings of Section XI or
elsewhere in the Nomenclature.  The Notes state that Heading 6307
includes such articles as rosettes.

     Rosettes are textile ornaments or badges shaped like roses
which are used to decorate clothing.  The instant articles are
textile  ornaments shaped like butterflies which are used to
decorate various items.  Clearly the instant butterflies are
analogous to the rosettes referred to in the Explanatory Notes,
therefore they are classified in Heading 6307.

HOLDING:

     The instant merchandise is classified under the provision
for other made up articles: other: other: other: other, in
subheading 6307.90.9490, HTSUSA, dutiable at the rate of 7
percent ad valorem.  Inasmuch as the merchandise is from the
Philippines, which is a designated beneficiary nation under the
Generalized System of Preferences (GSP), it is eligible for
duty-free entry under the GSP if all the requirements of the GSP
are met.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories 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.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Inasmuch
as 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 that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U. S. Customs Service, which is
available for inspection at your local Customs office.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division