Classification of vertical blinds

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