CLA-2 CO:R:C:G 088132 CMR
Duncan Nixon, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C. 20036
RE: Modification of DD 856355 of October 15, 1990; Classification
of a 50 percent wool/50 percent silk knit garment
Dear Mr. Nixon:
This ruling is in response to your letter of October 26,
1990, on behalf of Anne Klein, requesting modification of DD
856355 of October 15, 1990.
FACTS:
The garment at issue, style 428, is a sleeveless, knit
tunic-type garment made of 50 percent wool/50 percent silk
fabric. The garment was classified in DD 856355 in subheading
6110.90.0086, HTSUSA, which provides for women's or girls'
sweaters, pullovers and similar articles, knitted or crocheted,
of silk.
ISSUE:
Was style 428 correctly classified as a silk garment in
subheading 6110.90.0086, or is it classifiable as a garment
subject to wool restraints in subheading 6110.90.0074?
LAW AND ANALYSIS:
The classification of style 428 as a silk garment appears to
be based on a belief that since the garment is 50 percent wool
and 50 percent silk it is classified in the heading or
subheading, as the case may be, which appears last in the tariff
schedule.
-2-
The problem in this case has arisen at the statistical
level. The subheadings which present themselves as possibilities
for the classification of this garment are:
6110.90.00, HTSUSA, which provides for sweaters, pullovers,
sweatshirts, waistcoats (vests) and similar articles,
knitted or crocheted, of other textile materials:
.74 other:
subject to wool restraints;
and
.86 other:
other:
of silk:
other.
The appearance of the subheadings in the tariff schedule is
an indication of the order of consideration. "Subject to wool
restraints" appears under the designation "other"; whereas, "of
silk: other" appears under the designation "other: other." As
can be clearly seen above, the consideration between the
subheadings is between "subject to wool restraints" and "other."
Subject to wool restraints is defined in the statistical
notes for Section XI, in pertinent part, as "articles . . . in
which the wool (including fine animal hair) component exceeds 17
percent by weight of all the component fibers thereof."
The garment at issue is stated to be 50 percent wool. It
clearly falls within the definition for subject to wool
restraints. Applying GRI 1, which provides "classification
shall be determined according to the terms of the headings and
any relative section or chapter notes, provided such headings or
notes do not otherwise require, according to [the remaining GRIs
taken in order]," the garment is classified in subheading
6110.90.0074, HTSUSA, as subject to wool restraints.
HOLDING:
The garment at issue, style 428, is classified in subheading
6110.90.0074, HTSUSA, which provides for sweaters, pullovers,
sweatshirts, waistcoats (vests) and similar articles, knitted or
crocheted, of other textile materials: other: subject to wool
restraints. The garment falls within textile category 438 and
dutiable at 6 percent ad valorem.
-3-
In accordance with 19 CFR 177.9(d), DD 856355 of October 15,
1990, is modified to accord with the above.
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 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 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, you should contact your 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