CLA-2 CO:R:C:F 089090 SLR
District Director of Customs
610 South Canal Street
Chicago, Illinois 60607
RE: Request for Internal Advice - Zucker Feather Products
Chicago District Seizure 91 3901 00245
Dear Sir:
This is in response to your April 3, 1991, request for
internal advice regarding the proper classification of certain
feather products imported into the United States from the
Republic of South Africa.
FACTS:
Counsel for the importer describes the merchandise as
follows:
The subject merchandise consists of feather
dusters. The dusters are imported in various
sizes which correspond generally to feather
length. The feathers are bunched in a number
suitable for a particular size duster. These
feathers are tightly bound, forming the head
of the duster. A wooden handle is attached
to the base of the duster head. The wooden handle
and the base of the duster head are then covered
by a molded plastic cover which is stapled
to the wooden handle.
Samples of the above-described merchandise were supplied to
Customs Headquarters. An inspection of the submitted samples
reveals that the plastic handle covers referred to by counsel are
very thin and are of poor quality, and that many of the staples
holding the products together are loose and may soon fall off.
We further note that the feathers are organized one atop the
other rather than in a circular configuration.
-2-
Information supplied by counsel indicates that after
importation, the "feather dusters" are disassembled, and the
feathers further processed. This involves cleaning, sorting,
bleaching and sometimes dying. After this processing, the
feathers are manufactured into various articles such as headwear,
boas and novelty items, or sold as feathers.
Counsel maintains that the merchandise at issue is
classifiable as feather dusters in subheading 9603.90.4000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). You, however, disagree. You believe that the
ostrich feathers are being disguised as feather dusters
in order to circumvent the Comprehensive Anti-Apartheid Act
of 1986 [hereinafter the "Anti-Apartheid Act"] prohibiting
the importation of agricultural products from South Africa.
Consequently, four cartons of the "feather dusters" have been
seized pursuant to Title 19, United States Code, Section 1595a(c)
for violation of Title 31, Code of Federal Regulations, Section
545.205.
ISSUE:
Whether the subject merchandise is classifiable as feather
dusters in subheading 9603.90.4000, 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 is determined
according to the terms of the headings and any relative section
or chapter notes. Heading 9603, HTSUSA, provides for, among
other things, feather dusters.
As the subject samples are made up of feathers and are
capable of dusting, it may well appear, at first blush, that they
are classifiable as feather dusters under the HTSUSA. However,
given the overlapping, one-on-top-of-the-other configuration of
the feathers which is contrary to the normal feather duster
configuration, the flimsy construction of the articles' plastic
handle component, and the actual use of the feathers, we are
hard pressed to classify these products as feather dusters in
heading 9603. Rather, we are of the opinion that they are more
properly classifiable as crude bird feathers in heading 0505,
HTSUSA.
We recognize that in the absence of deception, disguise,
or artifice resorted to for the purpose of perpetrating a fraud
upon the revenue, imported merchandise must be classified
in its condition as imported, and that disassembly after
importation is not relevant for classification purposes.
-3-
Nonetheless, in light of counsel's submission regarding the use
being made of the alleged feather dusters, we are of the opinion
that the proferred classification of the merchandise as feather
dusters may well amount to an attempt to circumvent specific
prohibitions established by Congress. In order to assist you
with respect to your determination of the appropriate action to
take with respect to the matter, we are providing you with a copy
of counsel's submission regarding the end use of these feather
products.
We note that in a memorandum to the Chief, Penalties Branch
from the Chief, General Classification Branch, dated April 11,
1989, this office stated that merchandise very similar to the
type at issue was classifiable as feather dusters in item 750.35,
Tariff Schedules of the United States Annotated. In light of the
foregoing and upon further review of this matter, we are no
longer of the opinion that the articles there in issue were
feather dusters.
HOLDING:
The merchandise is classifiable in subheading 0505.90.0040,
HTSUSA, which provides for skins and other parts of birds, with
their feathers or down, feathers and parts of feathers (whether
or not with trimmed edges) and down, not further worked than
cleaned, disinfected or treated for preservation; powder and
waste of feathers or parts of feathers: other, other. The
merchandise is subject to the Anti-Apartheid Act's prohibition
against the importation of agricultural products.
Sincerely,
John Durant, Director
Commercial Rulings Division