CLA-2 CO:R:C:G 087845 HP
Mr. Tommy Lai
Second Secretary
Hong Kong Economic & Trade Affairs
Hong Kong Economic & Trade Office
British Embassy
1233 20TH Street, N.W., Suite 504
Washington, D.C. 20036
RE: Classification of blended fiber textiles and textile
products uses the weights of component fibers as they exist in
the goods as imported. The merchandise may be submitted to a
Customs laboratory for analysis and will be classified in
accordance with the results of that analysis.
Dear Mr. Lai:
This is in reply to your letter of August 27, 1990,
concerning the tariff classification of men's knitted sweater,
produced in Hong Kong, under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA). Please reference your case
number HK90/90, Neiman Marcus.
FACTS:
The merchandise at issue consists of a men's sweater, Style
90108, constructed from jersey knit fabric containing five
stitches per 2 centimeters (counted in the horizontal direction).
The garment features a rib knit, crew neckline, long sleeves with
rib knit cuffs, and a rib knit waistband.
The commercial invoice, Multiple Country Declaration, and
the neck label of the submitted sample show the fiber content to
be 58% linen, 42% cotton by weight. Accordingly, a visa for
textile category 845 (of other textile materials) was issued. On
February 16, 1990, however, a U.S. Customs Laboratory report for
this merchandise indicated a fiber content of 72% cotton, 28%
linen, by weight. Redelivery for textile category 345 was
therefore ordered. In August 1990, the garment was re-tested in
our New Orleans laboratory. The amended report, dated August 16,
1990, showed a composition of 53% cotton, 47% linen, by weight.
ISSUE:
Whether the Customs Service must follow laboratory analysis
when determining the fiber content by weight of textile articles?
LAW AND ANALYSIS:
Note 2(A) to Section XI, HTSUSA, provides:
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 textile material.
Subheading Note 2 to Section XI, HTSUSA, provides, in pertinent
part:
(A) Products of chapters 56 to 63 containing
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 for the classification of a
product of chapters 50 to 55 consisting of
the same textile materials.
In HRL 082863 of October 3, 1988, we held that
[i]n 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 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.
As we stated above, the Customs laboratory found, upon
retesting, the sweater composition to be in chief weight of
cotton. Following the rule of HRL 082863, therefore, redelivery
for a visa in textile category 345 was correct.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6110.20.1010, HTSUSA, textile
category 345, as sweaters, pullovers, sweatshirts, waistcoats
(vests) and similar articles, knitted or crocheted, of cotton,
containing 36 percent or more by weight of flax fibers, sweaters,
men's or boys'. The applicable rate of duty is 5 percent ad
valorem.
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 negotiations 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available 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, you should contact your local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division