CLA-2 RR:TC:TE 960407 jb
Fiona Chau
Hong Kong Economic and Trade Office
1520 18th Street, N.W.
Washington, D.C. 20036
RE: Textile category designation; Section XI, HTSUS, Note 2(A)
and Subheading note 2(B)(a); Memorandum 084118, dated April
13, 1989
Dear Ms. Chau:
This is in response to your letter, dated April 11, 1997
(your case reference number 26/96), on behalf of Ellen Tracy
Inc., regarding the classification and textile category
designation of certain vests made of a variety of woven blended
fabrics. Samples were submitted to this office for examination.
FACTS:
The subject merchandise consists of two vests, referenced
styles 13526197 and 13236197, which were the subject of New York
Ruling Letter (NY) A89574 and A89575, dated November 20, 1996,
respectively. Although the classification of this merchandise as
outer vests in heading 6211, Harmonized Tariff Schedule of the
United States (HTSUS), is not disputed, the category designation
for this merchandise is questioned.
Style 13526197 is a vest consisting of front panels made of
65 percent silk and 35 percent wool blended fabric and rear
panels of 100 percent acetate lining type fabric. Style 13236197
is a vest consisting of an outer shell made of 52 percent silk
and 48 percent wool. It is your belief that the garments were
incorrectly given an 859, silk, category designation. You assert
that as the wool content exceeds 17 percent of all the component
fibres, the garments qualify for a 459, wool, category
designation
ISSUE:
What is the proper category designation for the subject
merchandise?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
System of the United States Annotated (HTSUSA), is in accordance
with the General Rules of Interpretation (GRI). GRI 1 requires
that classification be determined according to the terms of the
headings and any relative section or chapter notes. Where goods
cannot be classified solely on the basis of GRI 1, the remaining
GRI will be applied, in the order of their appearance.
In the case of style 13526197 the vest is made up of front
panels made of a blend of 65 percent silk and 35 percent wool,
and rear panels made of 100 percent acetate lining fabric. Style
13236197 is made of an outer shell made of 52 percent silk and 48
percent wool. When two headings each refer to only part of the
materials in mixed goods, the headings are to be regarded as
equally specific. Consequently, goods which are not classifiable
under GRI 3(a) are analyzed as per GRI 3(b) which directs that
the goods be classified as if they consisted of the material
which gives them their essential character.
In Memorandum 084118, dated April 13, 1989, Customs stated
that certain criteria shall be applied in the classification of
garments consisting of different fabrics or of textile and
nontextile components. The memorandum states in pertinent part:
a. For upper or lower body garments, if one component exceeds
60 percent of the visible surface area, that component will
determine the classification of the garment unless the other
component:
(1) forms the entire front of the garment; or
(2) provides a visual and significant decorative effect
(e.g. a substantial amount of lace); or
(3) is over 50 percent by weight of the garment; or
(4) is valued at more than 10 times the primary
component.
If no component comprises 60 percent of the visible surface
area, or if any of the above four listed conditions are
present, classification will be according to GRI 3(b) or
3(c), as appropriate.
The textile category designation for the subject garments is
based on their classification under the HTSUS. In turn, that
classification is based on the fiber composition of the fabrics
which comprise the garments. Note 2(A) to Section XI, HTSUS,
states, in relevant part:
Goods classifiable in chapters 50 to 55 or in heading 5809
or 5902 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 to Section XI, HTSUS, states:
(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.
(B) For the application of this rule:
(a) Where appropriate, only the part which determines
the classification under general interpretative
rule 3 shall be taken into account;
In the case of each of the subject vests no single fabric
comprises 60 percent or more of the visible surface area.
However, in the opinion of this office the front of the garments
provide the greatest visual impact and is the primary motivation
for the purchasing of these garments by a consumer. Accordingly,
as the front panels are made of a blended fabric, as per the
terms of Section XI, HTSUS, Note 2(A), the fibers which determine
the classification are the fibers which predominate by weight,
that is, the silk. Accordingly, both vests were correctly
classified in heading 6211, HTSUS, with the corresponding silk
textile category designation.
HOLDING:
The subject vests, referenced styles 13526197 and 13236197,
were correctly classified in heading 6211, HTSUS, with
corresponding category designation 859.
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, 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 the 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 the 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