HQ 089229

July 22, 1991

CLA-2 CO:R:C:T 089229 JS

CATEGORY: Classification

TARIFF NO.: 6307.90.9490

Louis S. Shoichet

Siegel, Mandell & Davidson, P.C

One Whitehall Street

New York, New York 10004

RE: Figural door stopper; classifiable heading 6307; other made

up article

Dear Mr. Shoichet:

This is in reference to your letter of March 25, 1991,

requesting classification of a door stopper under the Harmonized

Tariff Schedule of the United States Annotated (HTSUSA), to be

imported from China or Taiwan.

FACTS:

The merchandise at issue is a stuffed textile figure of a

dog, measuring approximately 10 inches in height and 12 inches in

length. You state that the woven shell fabric has a fiber

content of 65 percent polyester and 35 percent cotton. The

figure\'s mid-section, head and tail are filled with traditional

stuffing material but the paws enclose weighted beads, and are

capped with rubber traction appliques. The face has a plastic

nose and plastic eyes. A textile bow surrounds the figure\'s

neck.

ISSUE:

What is the appropriate classification of a textile figure

designed as a door stopper, under the HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in

accordance with the General Rules of Interpretation (GRI), 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.

2

Heading 6307 provides for other made up articles. The

Explanatory Notes, the official interpretation of the tariff at

the international level, state that made up articles which are

not included more specifically in other headings of Section XI or

elsewhere in the Nomenclature, are provided for therein. The

items listed by EN 63.07 as exemplars include tea cosy covers.

This type of article has a primarily functional use, which is

combined with a decorative feature to add appeal. The item at

issue is similar in that it has been specially designed for

weight, while maintaining a whimsical, decorative effect. As

such, it is properly classified within heading 6307 as an other

made up article.

HOLDING:

The merchandise at issue is classified under subheading

6307.90.9490, HTSUSA, which provides for other made up articles,

including dress patterns: other: other: other, other, dutiable at

the rate of 7 percent ad valorem. China and Taiwan are not

designated beneficiary developing countries under the Generalized

System of Prefences; imports from those countries are therefore

subject to visa and quota restraints, and duty at the assessed

rate.

The designated textile and apparel category may be

subdivided into parts. If so, the 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 your client check, close to the time of shipment, the

Status Report on Current Import Quotas (Restraint Levels), an

issuance of the U.S. Customs Service which is updated weekly and

is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification) and the

restraint (quota/visa) categories, your client should contact its

local Customs office prior to importation of this merchandise to

determine the current status of any import restraints or

requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division