CLA-2 CO:R:C:G 082863 PR
Ronald W. Gerdes, Esquire
Sandler & Travis
1120 Nineteenth Street, N.W.
Washington, D.C. 20036
RE: Classification of blended fiber textiles and textile
products
Dear Mr. Gerdes:
This is in reply to your letter of June 9, 1988, on behalf
of the United States Apparel Industry Council, concerning the
classification of blended fiber textiles and textile products.
FACTS:
Customs has informally advised the importing community
that blended fiber textiles and textile products will be
classified under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) according to the fiber in chief
weight and that, in determining the classification of those
goods, no tolerance will be allowed. It is undisputed that in
the blending of fibers and the manufacture of the yarns and
fabrics made of those blended fibers, it is virtually
impossible to obtain the exact intended percentages of fibers.
Accordingly, Customs is urged to allow a three percent
tolerance in the classification of blended fiber textiles and
textile products.
ISSUE: The issue presented is whether, in the classification
of blended textiles and textile products, there exists
authority in the HTSUSA to grant a tolerance when determining
the fiber which predominates by weight.
LAW AND ANALYSIS:
Section XI Note 2(A) provides:
- 2 -
Goods classifiable in Chapters 50 to 55 * * * and of a
mixture of two or more textile materials are to be
classified as if consisting wholly of that one textile
material which predominates by weight over each other
single textile material.
Subheading Note 2(A), Section XI, HTSUSA, requires that
products of Chapters 56 to 63 (which includes apparel) which
contain two or more textile materials "are to be regarded as
consisting wholly of that textile material which would be
selected under note 2 to this section."
The contention is made that since it is not commercially
possible to manufacture a blended fabric that will test
exactly to the designed specifications, a tolerance factor
must be allowed.
No authority authorizing the suggested tolerance has been
advanced and we have been unable to locate any such authority.
The wording of Note 2 is clear and unambiguous. In the
absence of evidence to the contrary, the common meaning of
words must prevail, United States v. Rembrandt Electronics,
Inc., 64 CCPA 1, C.A.D. 1175 (1976). We are unaware of any
evidence, either at the international or at the United States
level, indicating that an inability to exactly attain intended
percentages should be considered in the application of Note
2(A) and Subheading Note 2(A).
HOLDING:
In the classification of imported blended fiber textiles
and textile products under the HTSUSA, the weights of the
component fibers will be determined as they exist in the
the goods as imported. If a determination regarding which
fiber predominates by weight, the merchandise may, in the
discretion of the classifying officer, be submitted to a
Customs laboratory for analysis and will be classified in
accordance with the results of that analysis.
Sincerely,
John Durant, Director
Commercial Rulings Division