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HQ 088091


November 9, 1990

CLA-2 CO:R:C:G 088091 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.10.50

Mr. Isaac Manning
P.O. Box 2427
Newark, NJ 07114

RE: Jocolo and Nyoka; bridal garments made of goat skin and glass beads imported from South Africa for exhibition do not violate the Comprehensive Anti-Apartheid Act of 1986 since articles of leather and articles of glass beads are not prohibited and the articles are not exported by a parastatal organization; articles of clothing made of leather and glass beads; composite good made of leather and glass beads with the glass beads imparting the essential character; GRI 3(b); South African sanctions

Dear Mr. Manning:

Your request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA") for certain bridal garments imported from South Africa was referred to this office for a reply.

FACTS:

The articles in question are a Jocolo and Nyoka to be imported from South Africa. The articles are traditional South African wedding garments to be worn by a bride. Both garments are to be mounted and framed for display. They will not be worn.

The Jocolo is the front half of a skirt. It is made of goat skin which is covered with glass beads. The leather represents the largest portion of the product's weight. However, the visible surface area of the Jocolo is primarily beaded, and it the beads which will be seen when the garment is mounted.

The Nyoka is a wedding trail that includes a loop which fits over the bride's neck in the traditional South African wedding ceremony. The Nyoka consists entirely of glass beads.

The Jocolo and the Nyoka are to be purchased from Operation Hunger, a non-profit organization.

ISSUE:

Issue 1: What is the appropriate classification of the Jocolo and the Nyoka?

Issue 2: Will the importation of these garments violate the laws restricting importations from South Africa?

LAW AND ANALYSIS:

Issue 1: What is the appropriate classification of the Jocolo and the Nyoka?

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...and according to the following provisions..."

The importer believes that the Jocolo and the Nyoka are classifiable as works of art. Works of art are classified in Chapter 97, HTSUSA. There are no headings within this chapter that describe beaded garments. Therefore, the garments, despite their craftsmanship and beauty, cannot be classified as works of art.

There is no heading within the tariff that specifically describes beaded garments or wedding attire. Since the Jocolo and Nyoka do not meet the terms of any of the garment headings, the articles must be classified according to their constituent materials.

The Jocolo is made of leather and glass beads. Apparel and clothing accessories of leather are provided for in heading 4203, HTSUSA. Articles of glass beads are provided for in heading 7018, HTSUSA. When an article is classifiable in two or more headings GRI 3, HTSUSA, one of "the following provisions" mentioned in GRI 1, is implemented.

GRI 3(a), HTSUSA, provides that whenever a product is classifiable in two or more headings the most specific heading is preferred. However, when each heading refers to only part of a composite good, no heading is considered more specific. Composite goods are articles made of components attached two one another so to be inseparable, or made of separable components that are mutually complementary and that normally would not be offered for sale in separate parts. Explanatory Note GRI 3(b), Harmonized Commodity Description and Coding System ("HCDCS"), Vol. 1, p. 4.

The Jocolo is made of glass beads attached to leather. The materials are inseparable. Thus, the Jocolo is a composite good. Two headings, headings 4203 and 7018, apply to this composite good. Since both headings refer to only part of the garment, to only one material, neither heading is more specific.

When one heading is no more specific than the other, GRI 3(b), HTSUSA, must be utilized. GRI 3(b) requires that goods which cannot be classified according to GRI 3(a) shall be classified according to the component which gives the composite good its essential character.

It is the opinion of this office that the glass beads impart the Jocolo's essential character. The glass beads cover the majority of the leather. The beads, not the leather, are primarily visible to the naked eye. It is the beads which give the garment its festive nature. The Jocolo's essential character is derived by the glass beads, therefore, the Jocolo is classified under heading 7018. The proper classification for the Jocolo is subheading 7018.10.50, HTSUSA, as "...Glass beads...Other..." with duty at the rate of 4.7 percent ad valorem.

The Nyoka is made entirely of glass beads. Since the Nyoka must be classified according to its constituent material, it is properly classified under heading 7018 for glass beads. The classification of the Nyoka, like the Jocolo, is subheading 7018.10.50 with the same rate of duty.

Issue 2: Will the importation of these garments violate the laws restricting importations from South Africa?

In accord with the Comprehensive Anti-Apartheid Act of 1986, Pub. L. 99-440 dated October 2, 1986, as amended by Pub. L. 99- 631 dated October 18, 1986; Executive Orders 12532, 12535, and 12571 of September 9, 1985, October 1, 1985, and October 27, 1986, certain articles exported from any South African company are prohibited from entering the United States. Furthermore, any article exported from a parastatal organization is prohibited from importation into the United States.

The garments in question are being purchased from Operation Hunger. Operation Hunger is not considered to be a parastatal organization. 52 Fed. Reg. 9982 (March 27, 1987). Operation Hunger may export certain products to the United States.

Customs telex 00438, dated January 12, 1989, lists all commodities affected by the Comprehensive Anti-Apartheid Act of 1986. The products are listed by their HTSUSA number. Articles of heading 4203 (articles of leather) and heading 7018 (glass
beads) are not prohibited from entry under the sanctions. The importation does not violate the restrictions on South African products. Therefore, the importation of the Jocolo and the Nyoka is allowed.

HOLDING:

The Jocolo is a composite good consisting of leather and glass beads. In accord with GRI 3(b) and GRI 1, the essential character of the Jocolo is imparted by the glass beads. The proper classification of the Jocolo is subheading 7018.10.50, HTSUSA, as "...Glass beads...Other..."

The Nyoka is made entirely of glass beads. The proper classification of the Nyoka is subheading 7018.10.50, HTSUSA, as "...Glass beads...Other..."

The Jocolo and Nyoka are purchased from Operation Hunger. Operation Hunger is not a parastatal organization, therefore, the restrictions for such organizations do not apply in this case. Articles of leather in heading 4203 and glass beads of heading 7018 are not commodities prohibited from entry into the United States by the South Africa sanctions. The importation of the Jocolo and Nyoka is allowed.

Sincerely,

John Durant, Director
Commercial Rulings Division

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