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NY L87070




September 29, 2005

CLA-2-63:RR:NC:N3:353 L87070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6309.00.0010

Mr. Dan Atkinson
Northland Logistics Inc.
146 Laird Drive, STE 302
Toronto, Ontario
Canada M4G 3V7

RE: The tariff classification of used clothing from various countries.

Dear Mr. Atkinson:

In your letter dated August 19, 2005, on behalf of Jambo Kitmeer Limited, you requested a tariff classification. Your client would like a better understanding of the requirements for importing used clothing into the United States. The goods are shipped from Jambo Kitmeer to Tomas Garza in the United States. You provided a video and chart to explain the operation.

You state the merchandise consists of different grades of clothing from various countries that are shipped to the United States from Canada. In the video, bales of merchandise are loaded onto a conveyer belt and sorted by type of garment (shirts, sweaters, trousers, etc.) and further sorted by type of material and quality. There are four grades of quality:

Grade 1 – Premium grade exported to developed countries and sold for a premium

Grade 2 – Second grade exported to Africa, Southeast/Central Asia & Latin America

Grade 3 – Known as tropical mix, exported to developing countries

Grade 4 – Residue sold as wiping material

We assume that your client would like to import the merchandise as “Worn Clothing” of subheading 6309.00.0010, free of duty. In order to be classified in this subheading the articles must comply with both of the following requirements:

They must show signs of appreciable wear, whether or not they require cleaning or repair before use. New articles with faults in weaving, dyeing, etc., and shop-soiled articles are excluded from this subheading. 2. They must be presented in bulk or in bales, sacks or similar bulk packings, or in bundles tied together without external wrapping, or packed roughly in crates. These articles are normally traded in large consignments, usually for resale, and are less carefully packed than is generally the case with new articles.

Your goods are imported in bulk. And meet this requirement for entry in heading 6309. However, Headquarters Ruling HQ 960577, dated August 7, 1988 (copy attached), presents a detailed discussion of the term “appreciable wear.” If Tomas Garza is importing Grade 1 apparel, it is likely marketed as antique or vintage clothing. Ruling HQ 960577 specifically states that the term antique and vintage clothing does not speak to the physical condition of the garment. It is this office’s experience that, generally, antique and vintage clothing does not meet the appreciable wear requirement.

If Tomas Garza is importing mixed grade 1 through 4 bundles to sort in the United States, it is doubtful that every garment in the bundle would show signs of appreciable wear. If any garment in the bale or bundle does not meet the requirements of appreciable wear, entry will not be accepted under subheading 6309.00.0010. The merchandise not showing signs of appreciable wear must be classified in the appropriate classifications in chapters 61 and 62.

If the goods are commingled goods that cannot be segregated, they shall be subject to the highest rate of duty applicable to any part thereof. Accordingly, if the goods cannot be segregated, the commingled garments would be subject to the appropriate provision of HTS Chapter 61 or 62 for which the highest rate of duty applies.

Only those goods imported in bulk and showing signs of appreciable wear will be accepted for entry in subheading 6309.00.0010, provided they can be segregated from articles that do not qualify. All other merchandise must be entered under its appropriate classification in the Harmonized Tariff Schedule.

This office notes that you also appear to extract shoes, purses, belts and stuffed animals from the bales. Classification in subheading 6309.00.0010 is limited by Chapter 63 Note 3 (a) and (b) and includes clothing, clothing accessories, footwear and headgear, but does not include purses and stuffed animals.

Merchandise that is not classified in subheading 6309.00.0010 may be subject to quota and/or visa requirements or textile safeguard actions. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The residue sold as wiping material may be eligible for classification in heading 6310. However, to make a determination, this office would need to know the fiber content of the items, whether the items are imported into the United States sorted or not sorted, and receive samples of the items.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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