CLA-2 CO:R:C:T 950100 CC
Mr. John T. Gutch
popOPEN Company
P.O. Box 23
Pacific Palisades, CA 90272
RE: Classification of a self-opening blanket; classifiable in
Heading 6307
Dear Mr. Gutch:
This letter is in response to your inquiry of July 20, 1991,
requesting the tariff classification of the "popopen beach
blanket." A sample was submitted for examination.
FACTS:
The submitted sample, designated by you as the popopen
beach blanket, consists of two layers of woven fabric that have
been sewn together. The imported merchandise will be made of 100
percent cotton fabric or of a blend of 50 percent cotton and 50
percent polyester fabric. The two-layer blanket is elliptical-
shaped and measures approximately 160 centimeters in length and
100 centimeters in width. At one end of the blanket is a 25
centimeter opening with a hook and loop closure. Inside the
blanket between the two layers of fabric is a flexible, metal
hoop running along the perimeter of the blanket. The hoop acts
as a frame while the blanket is in use. After use the hoop
twists in such a manner as to fold the blanket into a disk shape
measuring approximately 50 centimeters in diameter. When the
blanket is to be used, the hoop acts as a spring which unfolds
the fabric. This merchandise comes with a matching drawstring
bag that is designed to carry the coiled blanket. You state that
this article is for use on the beach or at picnics.
ISSUE:
Whether the merchandise at issue is classifiable in Heading
6301 of the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) or in Heading 6307, 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 6301, HTSUSA, provides for blankets. According to
the Explanatory Notes, the official interpretation of the HTSUSA
at the international level, blankets and travelling rugs are
usually made of wool, animal hair, cotton or man-made fibers,
frequently with a raised pile surface, and generally of thick
heavy-texture material for protection against the cold. The
coiled blanket does not meet these requirements and is therefore
not classifiable in Heading 6301. It does not have the
characteristics or appearance of a towel and thus is not
classifiable in Heading 6302, HTSUSA. Consequently the coiled
blanket is classifiable as an other made up article of Heading
6307, HTSUSA.
Concerning the classification of the drawstring bag, GRI 5
provides that in addition to the foregoing provisions, the
following rules shall apply in respect of the goods referred to
therein:
(a) Camera cases, musical instrument cases, gun cases,
drawing instrument cases, necklace cases and similar
containers, specially shaped or fitted to contain a
specific article or set of articles, suitable for long-
term use and entered with the articles for which they
are intended, shall be classified with such articles
when of a kind normally sold therewith. This rule does
not, however, apply to containers which give the whole
its essential character.
The drawstring bag is specially shaped to contain the
popopen beach blanket and is suitable for long term use.
Assuming it is entered with the coiled blanket, the drawstring
bag meets the requirements of GRI 5(a) and is classifiable with
the popopen beach blanket in Heading 6307.
HOLDING:
The popopen beach blanket and drawstring bag are classified
together under subheading 6307.90.9490, HTSUSA, which provides
for other made up articles, other, other, other, other. No
textile category is currently assigned to merchandise classified
under this subheading.
Articles classified under subheading 6307.90.9490, HTSUSA,
when imported from designated beneficiary countries, are entitled
to free duty rate under the Generalized System of Preferences
(GSP). (Section 503, Trade Act of 1974.) Otherwise, the general
rate of duty is 7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division