HQ 082863: Classification of blended fiber textiles and textile products

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 082863

                                     October 3, 1988

             CLA-2 CO:R:C:G   082863 PR

             CATEGORY:  Classification

             Ronald W. Gerdes, Esquire
             Sandler & Travis
             1120 Nineteenth Street, N.W.
             Washington, D.C.  20036

             RE:  Classification of blended fiber textiles and textile
                  products


             Dear Mr. Gerdes:

                 This is in reply to your letter of June 9, 1988, on behalf
             of the United States Apparel Industry Council, concerning the
             classification of blended fiber textiles and textile products.

             FACTS:

                 Customs has informally advised the importing community
             that blended fiber textiles and textile products will be
             classified under the Harmonized Tariff Schedule of the United
             States Annotated (HTSUSA) according to the fiber in chief
             weight and that, in determining the classification of those
             goods, no tolerance will be allowed.  It is undisputed that in
             the blending of fibers and the manufacture of the yarns and
             fabrics made of those blended fibers, it is virtually
             impossible to obtain the exact intended percentages of fibers.
             Accordingly, Customs is urged to allow a three percent
             tolerance in the classification of  blended fiber textiles and
             textile products.

             ISSUE:  The issue presented is whether, in the classification
             of blended textiles and textile products, there exists
             authority in the HTSUSA to grant a tolerance when determining
             the fiber which predominates by weight.

             LAW AND ANALYSIS:

                 Section XI Note 2(A) provides:


















                                          - 2 -


                     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
                     single textile material.

                 Subheading Note 2(A), Section XI, HTSUSA, requires that
             products of Chapters 56 to 63 (which includes apparel) which
             contain 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."

                 The contention is made that since it is not commercially
             possible to manufacture a blended fabric that will test
             exactly to the designed specifications, a tolerance factor
             must be allowed.

                 No authority authorizing the suggested tolerance has been
             advanced and we have been unable to locate any such authority.
             The wording of Note 2 is clear and unambiguous.  In the
             absence of evidence to the contrary, the common meaning of
             words must prevail, United States v. Rembrandt Electronics,
             Inc., 64 CCPA 1, C.A.D. 1175 (1976). We are unaware of any
             evidence, either at the international or at the United States
             level, indicating that an inability to exactly attain intended
             percentages should be considered in the application of Note
             2(A) and Subheading Note 2(A).

             HOLDING:

                 In 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
             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.

                                           Sincerely,




                                           John Durant, Director
                                           Commercial Rulings Division