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HQ 088553

November 6, 1991

CLA-2 CO:R:C:T 088553 CC


TARIFF NO.: 6304.91.0040

Mr. Michael Manzi III
Attorney at Law
59 Jackson Street
Lawrence, MA 01840-1624

RE: Reconsideration of HRL 087844; classification of a crib safety tent; classifiable as an other furnishing article; HRL 087844 affirmed

Dear Mr. Manzi:

This letter is in response to your request, on behalf of Tots in Mind, Inc., for reconsideration of Headquarters Ruling Letter (HRL) 087844, which concerned the classification of a crib safety tent. A sample was submitted for examination.


The merchandise at issue is a "cozy crib tent," which is designed to prevent a child from climbing out of a crib and injuring himself. The upper portion of the cover is constructed of knit mesh (net) material, and the side portions are constructed of nylon woven material with velcro-like fasteners and polyester cord ties. There is a plastic zipper opening on the front that keeps the child safely in the crib. The framing is made of fiberglass rods with metal attachments.

In HRL 087844, dated November 30, 1990, we ruled that the subject merchandise is classified in Heading 6304 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other furnishing articles. You contend that the correct classification for this merchandise is in Heading 6307, HTSUSA, which provides for other made up articles.


Whether the merchandise at issue is classifiable in Heading 6304, HTSUSA, or in Heading 6307, HTSUSA?


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

You contend that the merchandise at issue is not the class or kind of article classifiable as an other furnishing article in Heading 6304. You state that it is a safety device and therefore primarily a utilitarian article instead of a decorative article. You believe, therefore, that it is not classifiable as an other furnishing article and instead, should be classified as an other made up article in Heading 6307.

According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, Heading 6304 covers furnishing articles of textile materials, other than those of Heading 9404. These articles include wall hangings and textile furnishings for ceremonies (e.g., weddings or funerals); mosquito nets; bedspreads (but not including bed coverings of Heading 9404); cushion covers, loose covers for furniture, antimacassars; table covers (other than those having the characteristics of floor coverings - see Note 1 to Chapter 57); mantlepiece runners; curtain loops; valances (other than those of Heading 6303).

The articles listed in the Explanatory Notes to Heading 6304 include articles that may have a utilitarian function. For example, loose covers for furniture could be used primarily to protect furniture from wear. Also, mosquito nets, which have little decorative value, would be used to protect the user from mosquito bites. Although the crib safety tent may have utility as a safety device, we believe that it belongs to the same class or kind of articles listed in the Explanatory Notes to Heading 6304. Consequently, the subject merchandise is classifiable as an other furnishing article in Heading 6304.


The merchandise at issue is classified under subheading 6304.91.0040, HTSUSA, which provides for other furnishing articles, excluding those of Heading 9404, other, knitted or crocheted, of man-made fibers. The rate of duty is 11.5 percent ad valorem, and the textile category is 666.

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. Since 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.

HRL 087844, dated November 30, 1990, is affirmed.


John Durant, Director

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