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HQ 087488




November 30, 1990

CLA-2 CO:R:C:G 087488 CMS
CATEGORY: CLASSIFICATION
TARIFF NO.: 8452.10.00
8452.21.90

District Director Of Customs
423 Canal Street, Ste. 337
New Orleans, LA 7013.0-2341

RE: Sewing Machines; Household Type; Serger; Chainstitch Overlock; Lockstitch; Ultralock; Overedge

Dear Sir,

This is. in response to your Request for Internal Advice No. 43/90, CLA-2-NO:CO:IS GJG, dated May 15, 1990, regarding the classification of certain sewing machines imported by Singer Sewing Machine Company.

FACTS:

The merchandise consists of the Singer 14U series of sewing machines. The machines weigh approximately 12 pounds with the motor. The 14U series operates at speeds up to 1300-1500 RPM (the descriptive literature submitted with the importer's November 8, 1989 submission describes the operating speeds in SPM (stitches per minute), i.e., 1300 to 1500 SPM). The 14U functions with up to 5 spools of thread.

The 14U produces two basic stitches, the chainstitch and the overlock stitch. The descriptive literature submitted with the importer's November 8, 1989 submission states that the machines can perform seaming, overedge seaming, rolled hemming, pin tucking, and braiding by chaining-off. The descriptive literature also states that the machines can be used for the finishing of hem edges, facing edges, and turned-in bottom edges, for the reconstructing of trouser bottoms and jumper sleeves, and for overedging and decorative stitching in one operation.

ISSUE:

Is the merchandise classified as sewing machines of the household type in subheading 8452.10, or as other sewing machines in subheadings 8452.21 or 8452.29?
LAW AND ANALYSIS:

Heading 8452 specifically describes sewing machines. Subheading 8452.10 describes sewing machines "of the household type". Other sewing machines are described by subheadings 8452.21 and 8452.29.

The importer argues that the 14U should not be classified as a sewing machine of the household type. The importer states that "[a]s is evident from the enclosed descriptive literature... the 14U produces articles which are professionally finished and as such are particularly suited for the artisan class of consumer such as seamstresses, tailors and crafts-people who sew for others on a commercial basis"; the importer states that it believes "...the test for 'specially designed for commercial use' has been met" by the 14U. November 8, 1989 submission, pp. 2 & 5. The importer also attempts to distinguish the 14U from a "conventional home sewing machine". The importer describes the 14 as an "overlock" machine.

Subheading 8452.10, however does not describe "conventional home sewing machine[s]". Subheading 8452.10 describes sewing machines "of the household type". Overlock sewing machines are a type of machine commonly used in the home as a supplement to conventional sewing machines. The Singer Sewing Reference Library publication, More Sewing for the Home, CY DeCosse Incorporated, 1987, p. 32, created in cooperation with the Singer Education Department, states:

Overlocked or serged seams are timesaving and practical for home decorating because the seam is stitched and overedged at the same time. The overlock machine is a supplement to a conventional sewing machine.

(emphasis in original)

More Sewing for the Home Id., p. 32, specifically describes a rolled edge sewn with a three-thread overlock stitch. The 14U can be used for rolled hemming with an overlock stitch. It is stated that the:

Rolled Edge sewn with 3-thread overlock stitch is durable and neat on lightweight fabrics. Use on tablecloths, napkins and ruffles that otherwise require narrow hems.

(emphasis in original)

More Sewing for the Home, Id., p. 33, also describes the 4- thread overlock, three-thread oberlock and two-thread overlock, all stitches performed by the 14U.

The importer also submits that the 14U operates at a much higher speed than the conventional home sewing machine and uses an industrial needle to accommodate this high speed operation. The 14U machines operate at a maximum of 1300 to 1500 stitches per minute. The operating speed of the 14U, however, appears to be well within the operating speed range commonly associated with sewing machines of the household type. The Encyclopedia Americana, Vol. 24 (1980), p. 634, specifically states that "[t]he home sewing machine...can make up to 1,500 stitches per minute...".

The Subheading Explanatory Notes to subheading 8452.10, p. 1261, provide:

Subheading 8452.10 applies only to the following sewing machines and sewing machine heads, all of which are capable of at least lock-stitch operation:

(a) foot or hand powered machines;

(b) machines incorporating an electric motor of an output not exceeding 120 watts;
(c) machines for powered operation presented without a motor, the weight of the machine head not exceeding 16 kg.

The subheading does not, however, include sewing machines dedicated to a specific function such as button holing or filled bag closing.

The importer argues that the 14U is not a sewing machine of the household type because it does not perform a lockstitch. The term "lockstitch" has been defined as follows:
lockstitch, a sewing-machine stitch in which two threads are locked together at small intervals.

The Random House Dictionary Of The Enqlish Lanquaqe, Unabridged, 1983
lockstitch, a stitch, as by a sewing machine, in which two threads are interlocked at short intervals.

Webster's New Universal Unabridqed Dictionary, 2nd Ed., 1983

A study of the Operator's Guides for various machines in the 14U series reveals that at least one thread is fed from the top side of the fabric through a needle, and at least one other thread is fed from beneath the fabric through a looper mechanism. The illustrations in the Operator's Guides, and the stitched fabric samples included with the November 8, 1989 submission, demonstrate that in the 14U overlock stitch at least two threads are looped or locked together at small intervals. The threads in the stitched fabric samples were securely locked together; the overlock stitches would not unravel when the ends of the threads were pulled after the end stitch was undone. The overlock stitch performed by the 14U may be a particular type of lockstitch performed primarily on the edge of fabric, but nevertheless, it is a lockstitch. Even when the 14U uses more than two threads the resulting overlock stitch involves the looping or locking together of at least two threads at small intervals.

The importer does not argue that the 14U is excluded from subheading 8452.10 by virtue of subheading 8452.10 Explanatory Note para. (b), which provides that the motors of household machines do not output more than 1200 watts. All indications are that the outputs of the motors of the 14U do not exceed 1200 watts. Further, the 14U with the motor is much lighter than the maximum weight of household machines without the motor provided in subheading 8452.10 Explanatory Note para. (c). The 14U with the motor weighs approximately 12 pounds; the maximum weight of household machines without the motors stated in subheading 8452.10 Explanatory Note para. (c), is 16 kg., or approximately 35 pounds.

The subheading 8452.10 Explanatory Notes, last paragraph, state that the subheading does not include sewing machines dedicated to a specific function.
The importer argues that the 14U is a limited function machine which produces two basic stitches, the chainstitch and the overlock stitch. However, the term "function" as used in the Explanatory Notes refers to uses (e.g., button holing, filled bag closing), not the number of stitches. The 14U can be used for a variety of purposes including seaming, overedge seaming, rolled hemming, pin tucking,
and braiding by chaining-off. The machines can more specifically be used for the finishing of hem and other edges, reconstructing certain garments, and for overedging and decorative stitching in one operation. The 14U series is not dedicated to a specific function.

The 14U has great appeal to the home sewer. It has smooth lines and multi-colored dials, and is lightweight and portable. The machines come in various colors and color combinations. It has the visual appearance of a sewing machine of the household type. It is sold through independent dealers, department stores, fabric stores and sewing centers where sewing machines of the household type are routinely marketed. It performs a lockstitch, operates at a speed within the range commonly associated with machines of the household type, and is not dedicated to a specific function. The 14U series is especially suited for the serious home sewer for use as a supplement to a conventional sewing machine.

Further, the language of the warranty for the 14U cannot be ignored. The warranty card provided to the consumer with new machines states: "This sewing machine is warranted only in normal household (non-commercial) use". The importer states in the November 8, 1989 submission, p. 4, that "...the language has no meaningful application since both machines [14U and another machine] are known to be primarily used for commercial purposes by the artisan user". However, it is questionable whether consumers would disregard an express written declaration that the machine was only warranted for household use, in favor of some common understanding that the machine was not of the household type. It is noted that this warranty language was specifically included in the 14U warranty card which at its top states: "New Sewing Machine Warranties Model 14U". The 14U warranty card is dated "6/86", indicating that the warranty language was used at least since 1986.

The importer states that same warranty language was used for all the machines marketed by the Consumer Products Group, whether or not they were of the household type. The importer's February 1, 1990 submission, p. 5, states: "Singer, recognizing that the limiting language was misleading, has amended its warranty accordingly". The issue of whether the warranty was "misleading" will not be addressed in this classification ruling.

The Singer 14U series sewing machines are sewing machines of the household type classified in 8452.10.00, HTSUSA.

HOLDING:

The Singer 14U series of sewing machines is classified as sewing machines of the household type in 8452.10.00, HTSUSA. A copy of this decision should be forwarded to the internal advice applicant.

Sincerely,

John Durant,
Director,
Commercial Rulings Division


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