HQ 086701

October 31, 1990

CLA-2 CO:R:C:G 086701 CC

CATEGORY: Classification

TARIFF NO.: 6304.91.0020

Mr. Duncan Nixon

Sharetts, Paley, Carter & Blauvelt

1707 L Street, N.W.

Washington, D.C. 20036

RE: Classification of doilies and a table runner, made from

lace; not classifiable as table linen in Heading 6302;

classifiable as other furnishings in Heading 6304

Dear Mr. Nixon:

This letter is in response to your inquiry of March 6, 1990,

on behalf of Tessile, Inc., requesting tariff classification of

doilies and a table runner. Samples were submitted for

examination.

FACTS:

The merchandise at issue consists of six doilies and a table

runner, all of which are crocheted and composed of 100 percent

cotton. Three of the doilies are round: one has a diameter of 4

inches, one has a diameter of 6 inches, and one has a diameter

of 14 inches. There are also two heart-shaped doilies. One is

6 inches in diameter, and the other is 18 inches in diameter.

The remaining doily is oval-shaped and measures 6 inches by 10

inches. The table runner is rectangular and measures 16 inches

by 36 inches.

ISSUE:

Whether the submitted merchandise is classifiable as table

linen in Heading 6302 of the Harmonized Tariff Schedule of the

United States Annotated (HTSUSA) or as other furnishing articles

in Heading 6304, HTSUSA?

LAW AND ANALYSIS:

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.

Heading 6302, HTSUSA, provides for bed linen, table linen,

toilet linen, and kitchen linen. Table linen is defined by The

Random House Dictionary of the English Language, the Unabridged

Edition (1983) as \"tablecloths, napkins, etc., used in setting a

table.\" Webster\'s Third New International Dictionary, Unabridged

\(1986\) defines table linen as \"linen (as tablecloths and napkins)

for use at the table.\"

The Explanatory Notes, the official interpretation of the

HTSUSA at the international level, state the following

concerning Heading 6302:

These articles are usually made of cotton or flax, but

sometimes also of hemp, ramie or man-made fibers, etc.; they

are normally of a kind suitable for laundering. They

include:

\(2\) Table linen, e.g., table cloths, table mats and

runners, tray cloths, table centres, serviettes, tea

napkins, sachets for serviettes, doilies, and drip

mats.

It should be noted, however, that certain articles

of the above descriptions (e.g., table centres made

from lace, velvet or brocaded materials) are not

regarded as articles of table linen; they are usually

classified in heading 6304.

The merchandise at issue consists of doilies and a table

runner. A doily is defined by Webster\'s Dictionary as \"2 a

archaic : a small napkin (as one provided at table with a fruit

course) b : a small often decorative piece (as of linen, lace,

or paper) usu. serving as a mat beneath some object (as a vase)

either for ornament or to protect an underlying surface.\" A

runner is defined by Webster\'s Dictionary as \"11 b : a narrow

decorative cloth cover for the top of a piece of furniture (as a

table, dresser).\"

We do not believe that the doilies and table runner at issue

meet the definition of table linen. The dictionary definition of

table linen includes tablecloths and napkins, used at or in

setting a table. Although the subject merchandise may be used

for setting a table, it may also be used on dressers,

mantlepieces and other furniture as furnishing articles. In

addition, although the Explanatory Notes state that doilies and

table runners are classifiable in Heading 6302, they also state

that certain articles made from lace are not regarded as table

linen and are classified in Heading 6304. The submitted

merchandise is made from lace and, we believe, would be excluded

from Heading 6302 according to the Explanatory Notes.

Heading 6304, HTSUSA, provides for other furnishing

articles. The Explanatory Notes state that this heading covers

furnishing articles of textile materials, other than those of the

preceding headings or of Heading 9404, for use in the home, etc.,

and includes cushion covers, loose covers for furniture,

antimacassars, table covers, and mantlepiece runners. We believe

that the submitted merchandise is of the class or kind of

articles classifiable as other furnishings. Therefore it is

classifiable in Heading 6304.

You believe that the submitted merchandise is classifiable

as table linen in Heading 6302. You state that the Explanatory

Notes list doilies and table runners as specific examples of

articles falling under the provision for table linen in Heading

6302\. Also, the submitted merchandise is machine washable and

thus of a kind suitable for laundering. You have submitted

advertising circulars, which you claim show that doilies and

table runners are accessories for the table and are displayed

with advertisements with table cloths, napkins, placemats, and

other table linen.

Although the Explanatory Notes state that doilies and table

runners are classifiable in Heading 6302, they also state that

certain articles made from lace, such as table centers, are not

regarded as table linen and are classified in Heading 6304. The

doilies and table runner are made of lace and would be excluded

from Heading 6304. You contend that the submitted merchandise is

not made from lace. You state that the submitted merchandise is

merely hand knit (crocheted) in an open knit fashion, but lace is

not crocheted according to a definition in Fairchild\'s Dictionary

of Textiles. The Explanatory Notes frequently refer to lace as

consisting of design elements and background elements of net or

mesh, yet the merchandise at issue has no background element or

net or mesh. Finally you state that the submitted merchandise is

hand knit directly from yarn and, therefore, is not \"made from

lace materials.\"

We believe that the submitted merchandise is made from lace.

First, although the definition in Fairchild\'s does not

specifically make a reference to crocheted material, Textiles:

Fiber to Fabric, 5th Edition (1975) states that real laces

include \"needlepoint, bobbin (pillow), darned, crocheted

(emphasis added), and knotted.\" In addition, the Explanatory

Notes to Heading 5804 list crochet lace as a principal class of

hand-made lace. Second, the design elements of the merchandise

at issue are joined by meshes and meet the requirements for lace

according to the Explanatory Notes to Heading 5804, which state

the following:

Lace is an ornamental or decorative openwork fabric in

which design elements (more or less intricate) formed by the

intertwisting of threads are joined either by meshes,

usually of regular size and shape, forming an apparent

openwork ground fabric, or by ornamental links (brides)

which themselves give pattern effects.

Third, lace can be made from yarn. A Dictionary of Textile

Terms, 13th Edition (1980) by Dan River, Inc. states that one

yarn can be used to make a lace. Therefore the submitted

merchandise is made from lace and would be excluded from

classification in Heading 6302, based on the Explanatory Notes.

You argue that the submitted merchandise meets the

requirement of being suitable for laundering, since it is machine

washable. Suitability for laundering would not determine, by

itself, whether the submitted merchandise is table linen. Many

furnishing articles are also suitable for laundering. You state

that the laundry and lace provisions of the Explanatory Notes to

Heading 6302, when read together, indicate that only those lace

articles that are not suitable for laundering are excluded from

classification in Heading 6302. We cannot agree with such an

interpretation. The Explanatory Notes state that articles

classifiable in this heading are normally (emphasis added) of a

kind suitable for laundering. In addition, the Explanatory Notes

state \"certain articles of the above description, e.g., table

centres made from lace\" are excluded from classification in

Heading 6302. This statement indicates that table centers made

from lace are excluded from classification in Heading 6302,

whether or not they are suitable for laundering.

Although the submitted circulars show that the merchandise

at issue is advertised with other table linen, they, as well as

other advertising, show that doilies and table runners are also

advertised with articles that could be classified as other

furnishings.

Therefore, in application of GRI 1 and the Explanatory

Notes, the submitted merchandise is not classifiable in Heading

6302\. Instead, it is classifiable in Heading 6304.

HOLDING:

The submitted merchandise is classified under subheading

6304.91.0020, HTSUSA, which provides for other furnishing

articles, excluding those of Heading 9404, other, knitted or

crocheted, of cotton. The rate of duty is 11.5 percent ad

valorem, and the textile category is 369.

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.

The samples are being returned under separate cover.

Sincerely,

John Durant, Director

Commercial Rulings Division