us-cbp-cross-rulings-hq-084726•HQ 084726: Classification of hand painted screen
HQ 084726: Classification of hand painted screen
us-cbp-cross-rulings-hq-084726HQ 084726: Classification of hand painted screenGuidance
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 084726
September 21, 1989
CLA-2 CO:R:C:G 084726 DRR
CATEGORY: Classification
TARIFF NO.: 6110.90.4200
Ms. Cynthia Pascual
Kuehne & Nagel
8803 NW 23rd Street
Miami, Florida 33172
Re: Classification of hand painted screen
Dear Ms. Pascual
This is in reference to your letter dated May 19, 1989,
requesting the classification of a hand painted screen under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue is a hand painted wooden screen or
room divider which is made of three panels and designed to stand
on the floor. The screen is produced in a limited edition of
twenty-five screens, each signed by the artist. The panels are
decorated with whimsical bird-like figures. The artist has
studied at the Berlin School of Art and won a prize in 1967 for
his collages. The structure of the base of the screen, which is
attributed to another person, was awarded the "Furniture of the
Year Award" in 1984 by the foremost German decorative arts
magazine.
ISSUE:
Whether the screen at issue is classifiable under item
9701.10.0000, HTSUSA, or under item 4421.90.4000, HTSUSA.
LAW AND ANALYSIS:
Subheading 9701.10.0000, HTSUSA provides for paintings,
pastels, drawings, executed entirely by hand. Item 4421.90.4000,
HTSUSA, provides for wood blinds, shutters, screens and shades,
all the foregoing with or without their hardware.
- 2 -
The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level. The
Explanatory Notes to Heading 9701, state that the headnote
excludes hand-decorated manufactured articles such as wall
coverings consisting of hand-painted woven fabrics, holiday
souvenirs,etc., which are classified under their own appropriate
headings. The Explanatory Notes to Heading 4421 states that the
headnote covers all articles of wood manufactured by turning or
any other method, or of wood marquetry or inlaid wood. According
to GRI 1, classification shall be determined according to the
terms of the headings and any relative section or chapter Notes.
HOLDING:
The wooden screen at issue is classifiable under subheading
4421.90.4000, HTSUSA, as wood blinds, shutters, screens and
shades, all the foregoing with or without their hardware, other,
with a duty rate of 16-2/3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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