United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L82866 - NY L82928 > NY L82886

Previous Ruling Next Ruling
NY L82886

April 13, 2005

CLA-2-63:RR:NC:SP:225 L82886


TARIFF NO. 6302.53.0030

Ms. Francine Marcoux
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of snowman table runner from China.

Dear Ms. Marcoux:

In your letter dated March 9, 2005, you requested a classification ruling.

You have submitted illustrations depicting a Santa Table Runner, item number 28870 (indicated on illustration) and a Snowman Table Runner, item number 28872. This classification ruling will apply only to the Snowman Table Runner, item number 28872.

Item number 28872, the Snowman Table Runner is composed of red, white and green fabric. The snowman’s hat and carrot nose are made of felt. His scarf is made of 100 percent polyester fleece. The pompoms are made of polyester and the eyes are made of polystyrene. The fully lined runner features machine embroidered snow flakes and red and white yarn pompoms on each end. The table runner measures approximately 72-1/2” long x 14” wide.

   The applicable subheading for the table runner will be 6302.53.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of man-made fibers other. The duty rate will be 11.3 percent ad valorem.

The table runner falls within textile category designation 666. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

We are returning your request for a classification ruling on the Santa table runner item number 28870, imported from China, and any related samples, exhibits, etc., because we are precluded from issuing a ruling letter by the provisions of Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)). As stated in Section 177.7(b), "No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.”

In Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the United States Court of International Trade issued a decision on the scope of the term “festive articles.” The decision was appealed (Court of Appeals No. 01-1578). The case is on remand now to the CIT.

Since the classification of the Santa table runner item number 28870, which is the subject of this request for a ruling, may be affected by the case before the Court in Park B. Smith, we are precluded from issuing a ruling on the item(s).

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling.

If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: