CLA-2 CO:R:C:T 952650 CAB

Mr. Eddy Hallak
24 Seaview Boulevard
Port Washington, NY 11050

RE: Classification of curtain fabric; embroidered piece goods; Note 7(c), Section XI; Note 8, Section XI; "made up"; material; article; Heading 5810; Heading 6307; Heading 6303

Dear Mr. Hallak:

This letter is in response to your inquiry requesting a tariff classification for curtain fabric under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination.


The submitted sample is a five foot long piece of woven polyester fabric, cut from piece goods 114 inches wide. The top edge of the curtain material has a woven selvage, while the bottom edge has been embroidered and cut into a scalloped pattern. The embroidery is in the form of two one-foot wide and two four-inch wide lace-like patterns which run the length of the fabric. In addition to being an adornment, the embroidery also prevents fraying of the cut edge of the fabric.


Whether the curtain fabric is classifiable as embroidered piece goods under Heading 5810, HTSUSA, an unfinished curtain under Heading 6303, HTSUSA, or as an other made up article under Heading 6307, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's, taken in order.

The article in question is potentially classifiable in three distinct headings. These competing headings are Heading 6303, HTSUSA, Heading 6307, HTSUSA, and Heading 5810, HTSUSA.

Heading 6307, HTSUSA, is your suggested classification for the merchandise in question. The wording of the heading requires that merchandise, to be classifiable thereunder, (1) not be classifiable elsewhere; (2) be "made up" within the terms of Note 7, Section XI, HTSUSA; and (3) be an article (as opposed to being piece goods).

Note 7, Section XI, HTSUSA, states the following: For the purposes of this section, the expression "made up" means: * * *

(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means;

* * *

In order for the curtain fabric to be considered "made up" and in accordance with Note 7(c), Section XI, HTSUSA, it must contain a hem that is necessary for its intended use. You contend that the instant article contains rows of embroidery and a scalloped hem, and therefore, should be considered "made up". Fairchild's Dictionary of Home Furnishings (1974) defines a traditional hem as a finished edge or border, made by folding back a piece of fabric, and sewing it down. The raw edge or selvage of the article in question has not been folded and stitched. This fact will not preclude the instant article from being considered hemmed. In Coraggio v. United States, 12 CIT 143 (1988), the court was confronted with the issue of whether fabric that was intended for use as a curtain could be considered hemmed if it contained a nontraditional Continental hem. The court stated, in relevant part:

The Continental hem is constructed by doubling the warp threads in the bottom sixteen to twenty-four inches of the fabric by use of a second warp beam. Thicker yarn is sometimes used for the purpose of constructing the hem. Thus, the Continental hem is not a hem in the traditional sense...But it functions as a hem for drapery purposes, by preventing unraveling, adding aesthetic beauty and ensuring straight drapery hanging. Therefore, in accordance with the rationale used in Coraggio, the instant sample can be considered hemmed. The hem on the fabric must also be necessary for its intended use to be considered "made up". See HRL 083862 of June 12, 1989, which stated that the hem in the umbrella fabric serves only to prevent the material from unraveling and does not dedicate the material to a specific purpose and therefore, it could not be considered a "made up" article. See also, HRL 083013 of March 20, 1989, which determined that the sheeting material was hemmed along its entire length for a specific utilitarian purpose and the hemming was necessary for the intended use of the merchandise, therefore, the sheeting was found to be an article rather than a material.

As was the case in Coraggio, the drapery fabric in question contains a hem that prevents the raw edges from unraveling, adds adornment, and allows the finished drapery to hang correctly. Thus, the submitted sample is "made up" within the terms of Note 7, Section XI, HTSUSA. Despite the fact that the submitted sample qualifies under Note 7(c) as "made up", it still must meet the other two criteria expressed in Heading 6307, HTSUSA, to be classifiable thereunder. Therefore, to be classifiable under Heading 6307, HTSUSA, the submitted sample must be considered an "article". The instant sample does not meet this requirement as it is in the material form. Finally, the submitted sample is more specifically provided for elsewhere in the tariff, so it fails to meet the other criteria necessary for classification under Heading 6307, HTSUSA.

Heading 5810, HTSUSA, provides for embroidery in the piece, in strips or in motifs. Note 8, Section XI, HTSUSA, maintains except where the context otherwise requires, Chapters 56 to 60 do not apply to goods made up within the meaning of Note 7 above. As the merchandise in question is considered made up within the meaning of Note 7(c), Section XI, HTSUSA, it can not be properly classifiable under Heading 5810, HTSUSA.

Heading 6303, HTSUSA, which provides for curtains (including drapes) and interior blinds, curtain or bed valances. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), although not legally binding, are the official interpretation of the tariff at the international level. The EN to Heading 6303, HTSUSA, state, in pertinent part:

(1) Curtains (including drapes) which are used, for example, inside windows...The expression "curtains" covers lightweight and transparent or semitransparent articles and articles made of thick fabrics. * * *

The heading also covers material in the length so processed after weaving that it is clearly suitable for conversion, by a minor operation, into finished articles of this heading (e.g., fabric in the length to one edge of which has been added a frilled border and which, by simply cutting to required lengths and hemming is converted into curtains). The submitted material which has been cut to length, scalloped hemmed, and embroidered with a decorative pattern has undergone substantial processing. These manufacturing operations have dedicated the material for use as a curtain. It is clear that the material requires minor additional processing for conversion into a finished curtain. Therefore, the material in question is properly classifiable under Heading 6303, HTSUSA, as a curtain.

You assert that the submitted sample is akin to the drapery fabric at issue in (HRL) 085549 dated November 21, 1989. The curtain fabric at issue in HRL 085549 had been cut to length, had no lines of demarcation, rod pockets, or side hems, and it contained a Cornelli hem. This Cornelli hem was formed by folding one edge of the fabric back upon itself and stitching it in a decorative pattern. Customs determined that the curtain fabric was a made up article and classifiable under Heading 6307, HTSUSA. It is important to note that HRL 085549 was issued in 1989 when the HTSUSA was still in its infancy. In light of the experience gained since the inception of the Harmonized System, Customs has sometimes found it necessary to modify certain rulings issued during this period. After reassessing HRL 085549, Customs believes modification of the ruling is appropriate in light of the EN to Heading 6303, HTSUSA. As stated above the curtain fabric therein had been hemmed and cut to length. This fabric required minor processing for conversion into a finished drapery. Thus, the fabric therein is also properly classifiable under Heading 6303, HTSUSA.

HOLDING: Based on the foregoing, the submitted sample is classifiable under subheading 6303.92.0000, HTSUSA, which is the provision for curtains (including drapes) and interior blinds, curtain or bed valances. The applicable rate of duty is 12.8 percent ad valorem and the textile restraint category is 666.

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.

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.


John Durant, Director
Commercial Rulings Division