HQ 0088132 - Modification of DD 856355 of October 15, 1990; Classification of a 50 percent wool/50 percent silk knit garment - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0088055 - HQ 0088142 > HQ 0088132

HQ 088132

November 9, 1990

CLA-2 CO:R:C:G 088132 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.0074

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.

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.

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

Previous Ruling Next Ruling