HQ 087263: Classification of silk innersheets

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 087263

                                     July 30, 1990




            CLA-2 CO:R:C:G  087263 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6302.39.0020

            Ms. Dianna Bissel
            DB Stuff Ltd.
            47 Hillcrest Rd.
            Berowra 2081, Australia

            Re:  Classification of silk innersheets

            Dear Ms. Bissel:

                 This is in response to your letter dated April 20, 1990,
            requesting the classification of silk innersheets under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of two styles of inner
            liners for sleeping bags.  One style consists of a large bag,
            which measures approximately 34 inches by 6 feet, sewn up both
            sides and hemmed at the top.  The second style, which you call
            a youth hostel sheet, has an additional flap at the top to
            insert a pillow and measures approximately 34 inches by 7 feet.
            Both styles are made of 100 percent silk fabric exported from
            China to Australia, where the liners are made up and packaged.

            ISSUE:

                 What is the proper classification and country of origin
            of the innersheets at issue.

            LAW AND ANALYSIS:

                 Country of origin is determined by the application of
            19 CFR 12.130.  In determining the country of origin of textile
            and textile products which consist of materials produced or
            derived from, or processed in, more than one country, the















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            article is considered to be a product of the country in which
            the last substantial transformation took place.  A substantial
            transformation of a textile or textile product is said to
            occur if a commodity undergoes a transformation by means of
            substantial manufacturing or processing into a new or different
            article of commerce.  Under 19 CFR 12.130(d)(2), a country of
            origin determination is based on whether a new and different
            article of commerce is produced, usually indicated by a change
            in commercial designation or identity, fundamental character
            or commercial use.  The factors examined in determining whether
            merchandise has been subjected to substantial manufacturing or
            processing, include the physical change in the article, the
            time involved, the complexity and degree of skill or technology
            required and the value added by the processing.

                 Classification of merchandise is in accordance with
            the General Rules of Interpretation (GRI), taken in order.  GRI
            1 provides that classification shall be determined according
            to the terms of the headings and any relative section or
            chapter notes.  Heading 6302 provides for bed linen, table
            linen, toilet linen and kitchen linen.  Heading 6306, HTSUSA,
            provides for, among other things, camping goods.  The
            merchandise at issue is similar to bed linen and therefore
            most specifically provided for under heading 6302.

            HOLDING:

                 The innersheets at issue are therefore classified under
            subheading 6302.39.0020, HTSUSA, which provides for bed linen,
            other bed linen, of either textile materials, other, containing
            85 percent or more by weight of silk or silk waste, with a duty
            rate of 8.6 percent ad valorem.  There is currently no textile
            category for this merchandise.

                  The country of origin cannot be determined on the basis
            of the information provided with your request for
            classification.  If you would like to obtain a country of
            origin determination please forward a more detailed description
            of the manufacturing process to U.S. Customs Service, General
            Classification Branch, 1301 Constitution Ave., N.W.,
            Washington, D.C. 20229.  Please be advised that the merchandise
            must be marked with the country of origin in a manner that is
            permanent, legible and in English, as required by the Textile
            Fiber Products Identification Act.

















                                          -3-


                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
















































            6cc: A.D., Seaport
            rimmer library/peh
            087263