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NY N021745




January 16, 2008

CLA-2-56:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.1000, 9609.10.0000, 7806.00.0080

Julie Hunt
Wm. Wright Co.
6050 Dana Way
Antioch, TN 37013

RE: The tariff classification of a weighted cord, a drapery tieback from India, and a measuring gauge set from China

Dear Ms. Hunt:

In your letter dated Jan. 7, 2008, you requested a tariff classification ruling. You submitted four samples. Item 41318R01 is a drapery tieback. It is composed of a two cotton cords, each sheathed in plastic, twisted together with a hollow iron ball at each end. It measures 36”.

The applicable subheading for item 41318R01 drapery tieback will be 5609.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, cordage, rope, or cables, not elsewhere specified or included: of cotton. The rate of duty will be 2.9% ad valorem.

Item 735 is called “Measure, Mark & More.” It contains a sewing gauge, used to measure small narrow sewing and knitting projects that require consistent spacing; a water soluble marking pencil; and straight pins. The items are packaged together for retail sale and are considered a set for tariff purposes. No individual item imparts the essential character to the set but the pencil comes last in the tariff; General Rule of Interpretation 3(c), HTSUS, noted.

The applicable subheading for item 735 Measure, Mark & More will be 9609.10.0000, HTSUS, which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14¢ per gross plus 4.3% ad valorem.

You have asked whether the marking pencil is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

Item 12735, “Weighted Cord,” is a string of lead pellets sheathed in a braided cotton cord. It is used to add weight and “drape” to curtains and upholstery. The lead imparts the essential character to this item. No foreign country of origin was stated.

The applicable subheading for item 12735 Weighted Cord will be 7806.00.0080, HTSUS, which provides for other articles of lead, other. The rate of duty will be 3% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on Item 1451007001, “Roman Shade Kit.” Your request for a classification ruling should include the items in condition as imported and also as packaged for retail sale. Also, please provide a value and weight breakdown of each component, and state what metals are used, including in any alloys. When this information is available, you may wish to consider resubmission of your request. The samples that you submitted are being returned.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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