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HQ 956734




October 13, 1994

CLA-2 CO:R:C:T 956734 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 5102.10.4000; 5102.10.9000

District Director
U.S. Customs Service
200 E. Bay Street
Charleston, South Carolina 29401-2611

RE: Application for further review of Protest No. 1601-94-100122 under 19 U.S.C., section 1514(c)(2); classification of scoured cashmere; dehaired; advanced beyond the degreased condition.

Dear Sir:

This is a decision on application for further review of a protest timely filed by Rode & Qualey on behalf of Amicale Industries, Incorporated. We have considered the protest and our decision follows.

FACTS:

The protest consists of fourteen entries described as dehaired camel wool or dehaired camel hair, and a single entry of scoured cashmere from Mongolia. The entries were classified in subheading 5102.10.9000, Harmonized Tariff Schedule of the United States (HTSUS), which encompasses fine animal hair, not carded or combed, which has been advanced in any manner beyond the degreased condition.

ISSUE:

What is the proper tariff classification for the subject entries?

LAW AND ANALYSIS:

In support of the protest, the protestant has submitted a memorandum which addresses the tariff treatment of hair from the cashmere goat. As a threshold matter, we note that fourteen of the fifteen affected entries concern shipments of dehaired camel wool. This fact was brought to the attention of the protestant. In a letter dated October 11, 1994, protestant stated that the fourteen entries relating to dehaired camel hair and camel wool had been inadvertently included as part of the protest. Accordingly, that portion of the protest relating to these entries shall be denied.

The sole remaining entry, entry number 209-00605708, concerns the tariff classification of cashmere from Mongolia. The parties agree that this product is classifiable as hair of the cashmere goat, not carded or combed, pursuant to subheading 5102.10, HTSUS. See Chapter 51, Note 1(b), HTSUS; Explanatory Note to heading 5102, at page 722. The claimed classification is subheading 5102.10.4000, HTSUS, which provides in part for hair of the cashmere goat, not processed in any manner beyond the degreased condition. The cashmere was classified in subheading 5102.10.9000, HTSUS, which encompasses fine animal hair, processed beyond the degreased condition. Therefore, the issue presented is whether the instant merchandise has been processed beyond the degreased condition.

In Headquarters Ruling Letter (HRL) 950906, dated October 30, 1992, we classified scoured and disinfected cashmere fibers which had undergone a dehairing process as fine animal hair which had been processed beyond the degreased condition. The dehairing process was described as the separation of fine down fibers from coarse strong fibers. In that decision, we concluded that dehairing and disinfecting undertaken subsequent to scouring were processes which advanced the cashmere beyond the degreased condition. The protest documents indicate that you regarded the merchandise as dehaired cashmere. Hence, it was classified as fine animal hair advanced beyond the degreased condition.

The protestant contends that the scoured cashmere has not been dehaired. This matter was referred to the National Import Specialist Division. The National Import Specialist for this line of merchandise has examined the submitted sample and advises that the cashmere has not been dehaired or otherwise processed subsequent to scouring. Consequently, the protest shall be allowed with respect to entry number 209-00605708.

HOLDING:

Therefore, based on the foregoing discussion, this protest should be granted in part. Entry number 209-00605708 is classifiable in subheading 5102.10.4000, HTSUS, which provides fine animal hair: not processed in any manner beyond the degreased or carbonized condition: hair of the cashmere goat and like hair of other animals. The applicable rate of duty is 8 cents per clean kilogram.

The protest should be denied with respect to the remaining entries, which include entry numbers:

209-00575273
209-00575349
209-00584028
209-00584036
209-00589878
209-00591643
209-00591650
209-00594159
209-00596303
209-00596311
209-00596329
209-00603927
209-00604735
209-00607365

These entries are classifiable in subheading 5102.10.9000, HTSUS, which provides for fine animal hair: other: other. The applicable rate of duty is 7.7 cents per kilogram + 6.25 percent ad valorem.

A copy of this decision should be attached to the CF 19 Notice of Action to satisfy the notice requirement of section 174.30(a), Customs Regulations.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John A. Durant, Director
Commercial Rulings Division

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