us-cbp-cross-rulings-hq-083822•HQ 083822: Tariff classification of nylon boat covers
HQ 083822: Tariff classification of nylon boat covers
us-cbp-cross-rulings-hq-083822HQ 083822: Tariff classification of nylon boat coversGuidance
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 083822
May 1, 1989
CLA-2 CO:R:C:G 083822 SM
CATEGORY: Classification
TARIFF NO.: 6307.90.9030
Mr. Lee Hardeman
P.O. Box 45545
Atlanta, GA 30320-0545
RE: Tariff classification of nylon boat covers
Dear Mr. Hardeman:
Your letter of February 2, 1989, on behalf of L. S.
Brown Company, DBA Dixie International, addressed to Customs
at Savannah, requesting a tariff classification ruling for
certain boat covers, has been referred to this office for
reply.
FACTS:
A sample of the fabric, though not of the finished boat
cover, was submitted. You state that it is water-repellant
nylon taffeta. You also state that the covers will be fitted,
of the type used to cover speed and ski boats in transit to
recreational areas. The fabric is to be imported from Taiwan
or South Korea into a Caribbean Basin Economic Recovery Act
(CBERA) or Generalized System of Preferences (GSP) beneficiary
country. You estimate that the value of the fabric will con-
stitute 80 percent of the U.S. entered value of the finished
boat covers. You wish to know whether the covers will qualify
for a duty preference under either program.
ISSUE:
How are the boat covers classified? Are they eligible
for a duty preference under the CBERA or GSP?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA) is in accordance with the
General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the
terms of the headings of the tariff and any relative section
and chapter notes and then, if the headings and notes do not
otherwise require, in accordance with the remaining GRI's.
-2-
No heading of the tariff provides specifically for boat
covers or for parts and accessories for pleasure boats. Head-
ing 6306, HTSUSA, includes tarpaulins, which are waterproof.
The Explanatory Notes (EN), the official interpretation of the
HTSUSA at the international level, state that this heading
includes specially shaped tarpaulins such as those for cover-
ing decks of small vessels, but only if such tarpaulins are
flat. Since the boat covers in question are fitted, they do
not fall under this provision. They are therefore classified
under subheading 6307.90.9030, HTSUSA, a provision for other
made up textile articles.
Articles classified under this subheading are eligible
for duty-free treatment under the GSP, provided they meet the
statutory requirements of that program. In general, these
requirements are that the eligible article be imported direct-
ly from a beneficiary developing country (BDC) into the
customs territory of the United States, and that the sum of
(1) the cost or value of the materials produced in the BDC
plus (2) the direct costs of processing operations performed
in the BDC equal at least 35 percent of the appraised value of
the article at the time of entry. General Note 3(c)(ii)(C),
HTSUSA. You state that only 20 percent of the appraised value
of the covers will be attributable to the GSP country and that
the remaining 80 percent will be attributable to the cost of
materials imported into the GSP country. Thus it does not
appear likely that the covers will qualify for duty-free
treatment under the GSP. However, without more information
about the processing operation in the GSP country, we cannot
issue a definitive ruling to that effect.
Duty-free treatment is not available under the CBERA for
various textile articles classified under subheading
6307.90.9030, HTSUSA, including those such as the boat covers,
of which it appears that man-made fibers equal or exceed 50
percent by weight of all component fibers. General Note
3(c)(v)(D)(3)(II), HTSUSA.
HOLDING:
The boat covers are classified under subheading
6307.90.9030, HTSUSA, a provision for other made up textile
articles.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director of Customs
NY Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS Anthony Falcone
cc: Phil Robins
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