HQ 084050: Tariff classification of rope articles

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084050

                                      July 11, 1989


             CLA-2 CO:R:C:G  084050  SM

             CATEGORY:  Classification

             TARIFF NO.:  5609.00.3000; 9505.90.6000

             Joel K. Simon, Esq.
             Serko and Simon
             Suite 3371
             One World Trade Center
             New York, NY  10048

             RE:  Tariff classification of rope articles

             Dear Mr. Simon:

                   Your letter of March 13 on behalf of Russ Berrie and
             company requests a tariff classification ruling for three
             articles from Taiwan known as the "Springtime Breezes Mache
             Rope Ensemble."

             FACTS:

                   Samples of the three articles, all made of rayon rope
             plus trimmings, were submitted.  The rope has been dipped in,
             or painted or coated with, some unspecified substance.  Number
             9271 consists of a piece of styrofoam in the shape of an egg,
             about the size of the usual chicken egg, completely wrapped
             with the colored rope.  It is decorated with a paper ribbon in
             the shape of a bow and has a fabric hanging loop.

                   Number 9273 is a basket about three inches deep with a
             handle of the same rope.   It is also decorated with paper
             bows.

                   Number 9274 is a wreath approximately six inches in
             diameter, made of rope in two different sizes.  It is
             decorated with a paper ribbon bow and flowers and has a rope
             hanging loop.

                   You believe that classification of the goods is deter-
             mined by General Rule of Interpretation (GRI) 3 of the Har-
             monized Tariff Schedule of the United States Annotated
             (HTSUSA).  You state that, pursuant to this rule, a deter-
             mination that the rope provides the essential character














                                           -2-


             of the articles is required.  You state that your submitted
             cost breakdown indicates that the articles are in chief value
             of the rope.  You state that the articles are traditionally
             associated with Easter, and should therefore be classified
             under heading 9505, HTSUSA, a provision including other
             festive articles.  You state further that, while heading 6307,
             HTSUSA, a provision for other made up textile articles, may
             possibly cover the goods, heading 9505 is more specific, and
             must therefore be chosen, pursuant to GRI 3(a).  Finally, you
             state that even if both headings are equally applicable, GRI
             3(c) requires selection of the heading that occurs last, in
             this case heading 9505.

             ISSUE:

                   Are the goods classified as festival articles of heading
             9505, HTSUSA?  If not, where are they classified?

             LAW AND ANALYSIS:

                   Classification under the HTSUSA is in accordance with
             the GRI's.  GRI 1 provides that goods are classified first
             according to the terms of the headings of the tariff and any
             relative section and chapter notes and then, if nothing in the
             headings or notes requires otherwise, in accordance with the
             remaining GRI's.  Thus, if classification is determined under
             GRI 1, GRI 3 is not reached.  Component material of chief
             value is not a determinative factor in classification under
             the HTSUSA.

                   At the outset we note that classification under heading
             6307, HTSUSA, is precluded.  The headings of Chapter 63 pro-
             vide generally for furnishings and other made up textile arti-
             cles not elsewhere specified.  Note 1 of this chapter provides
             that "Subchapter 1 applies only to made up articles, of any
             textile fabric."  Thus, since the submitted samples are of
             rope, and not of fabric, they are not covered by headings 6301
             through 6307, HTSUSA.

                   Heading 9505, HTSUSA, includes festive, carnival, or
             other entertainment articles.  Neither the section nor the
             chapter notes provide any indication as to the intended scope
             of this heading.   The Explanatory Notes (EN), the official
             interpretation of the HTSUSA at the international level, state
             that it is meant to include "other decorations . . . which are
             traditionally associated with a particular festival" and
             "[a]rticles traditionally used at [for instance] Christmas
             festivities . . . ."  Articles classified under this heading
             would therefore be of a type familiar through long use in con-
             nection with the observance of certain special occasions.











                                           -3-



                   Considering the three submitted samples in light of the
             EN, we conclude that only the egg is classifiable as a festive
             article on the grounds of being associated with the celebra-
             tion of Easter.  Decorated eggs have long been a part of the
             joyful celebration of the Resurrection.  Wreaths, however,
             have no particular Easter significance.  While baskets are
             sometimes used to hold gifts of candy at Easter, they are com-
             mon articles that, unlike artificial Christmas trees, nativity
             scenes, or Christmas stockings, have many other uses outside
             the festive period.

             HOLDING:

                   Number 9271, the egg, is classified under subheading
             9505.90.6000, HTSUSA, a provision for other festive, carnival,
             or other entertainment articles.

                   Numbers 9273 and 9274, the basket and the wreath, are
             classified under subheading 5609.00.3000, HTSUSA, a provision
             including articles of twine, cordage, rope or cables, not
             elsewhere specified or included, of man-made fibers.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division































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