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HQ 087845

December 20, 1990

CLA-2 CO:R:C:G 087845 HP


TARIFF NO.: 6110.20.1010

Mr. Tommy Lai
Second Secretary
Hong Kong Economic & Trade Affairs
Hong Kong Economic & Trade Office
British Embassy
1233 20TH Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of blended fiber textiles and textile products uses the weights of component fibers as they exist in the goods as imported. The merchandise may be submitted to a Customs laboratory for analysis and will be classified in accordance with the results of that analysis.

Dear Mr. Lai:

This is in reply to your letter of August 27, 1990, concerning the tariff classification of men's knitted sweater, produced in Hong Kong, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your case number HK90/90, Neiman Marcus.


The merchandise at issue consists of a men's sweater, Style 90108, constructed from jersey knit fabric containing five stitches per 2 centimeters (counted in the horizontal direction).

The garment features a rib knit, crew neckline, long sleeves with rib knit cuffs, and a rib knit waistband.

The commercial invoice, Multiple Country Declaration, and the neck label of the submitted sample show the fiber content to be 58% linen, 42% cotton by weight. Accordingly, a visa for textile category 845 (of other textile materials) was issued. On February 16, 1990, however, a U.S. Customs Laboratory report for this merchandise indicated a fiber content of 72% cotton, 28% linen, by weight. Redelivery for textile category 345 was therefore ordered. In August 1990, the garment was re-tested in our New Orleans laboratory. The amended report, dated August 16, 1990, showed a composition of 53% cotton, 47% linen, by weight.


Whether the Customs Service must follow laboratory analysis when determining the fiber content by weight of textile articles?


Note 2(A) to Section XI, HTSUSA, provides:

Goods classifiable in chapters 50 to 55 ... 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 textile material.

Subheading Note 2 to Section XI, HTSUSA, provides, in pertinent part:

(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.

In HRL 082863 of October 3, 1988, we held that

[i]n the classification of imported blended fiber textiles and textile products under the HTSUSA, the weights of the component fibers will be determined as they exist in the goods as imported. If a determination regarding which fiber predominates by weight, the merchandise may, in the discretion of the classifying officer, be submitted to a
Customs laboratory for analysis and will be classified in accordance with the results of that analysis.

As we stated above, the Customs laboratory found, upon retesting, the sweater composition to be in chief weight of cotton. Following the rule of HRL 082863, therefore, redelivery for a visa in textile category 345 was correct.


As a result of the foregoing, the instant merchandise is classified under subheading 6110.20.1010, HTSUSA, textile category 345, as sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, containing 36 percent or more by weight of flax fibers, sweaters, men's or boys'. The applicable rate of duty is 5 percent ad valorem.

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, to obtain the most current information available, 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 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 importing the merchandise to determine
the current status of any import restraints or requirements.


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