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NY C86174

April 30, 1998

CLA-2-RR:NC:TA:349 C86174


Mr. Michael A. Pipitone
John F. Kilroy Co., Inc.
JFK International Airport
Cargo Bldg. 80, Suite 227
Jamaica, NY 11430-1718

RE: Classification and country of origin determination for curtain panels; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Pipitone:

This is in reply to your letter dated April 2, 1998, on behalf of Editex Home Curtain Corp., requesting a classification and country of origin determination for curtain panels which will be imported into the United States.


The subject merchandise consists of finished curtain panels. You have submitted a sample of an appliqued and embroidered curtain panel made from synthetic fibers in a plain voile construction. The curtains will be imported in various sizes and the top edge will be finished with a hem that contains a rod pocket. The manufacturing operations for the curtain panels are as follows:

-fabric is woven.

-fabric is appliqued and embroidered.

-appliqued and embroidered fabric is cut into panels. -panels are hemmed, finished and packaged.


What are the classification and country of origin of the subject merchandise?


The applicable subheading for the curtain panels will be 6303.92.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: other. The rate of duty will be 12.2 percent ad valorem.

The curtain panels fall within textile category designation 666. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.


On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

6301-6306 The country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

As the fabric comprising the curtain panels was formed in a single country, that is, Turkey, as per the terms of the tariff shift requirement, country of origin is conferred in Turkey.


The subject curtain panels are classified in subheading 6303.92.2000, HTSUSA, which provides for curtains (including drapes) and interior blinds, of synthetic fibers.

The country of origin of the curtain panels is Turkey. Based upon international textile trade agreements products of Turkey classified in the above subheading are not subject to quota and do not require a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.


Robert B. Swierupski

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