CLA-2 CO:R:C:T 953506 CC

Ms. Patti Noble
Schenkers International Forwarders, Inc.
4709 LaGuardia Dr.
St. Louis, MO 63134

RE: Revocation of HRL 085325; cork laminated to a fabric backing

Dear Ms. Noble:

In Headquarters Ruling Letter (HRL) 085325, dated November 21, 1989, we issued a ruling to you, classifying cork laminated to a fabric backing in Heading 4502 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had the occasion to review this ruling and find that it is in error.

FACTS:

The merchandise at issue consists of a material backing that has been laminated with cork. It is made up of a thin layer of glued-up and sliced cork veneer laminated to a woven unbrushed fabric. The fabric is 70 percent polyester and 30 percent rayon. The value of the cork exceeds the value of the fabric by ten times. The weight of the cork exceeds the weight of the fabric. The material is to be used to decorate the heels of women's shoes. It can also be used for decorating other articles such as belts or purses.

ISSUE:

Whether the merchandise at issue is classifiable in Heading 4502, HTSUSA, or in Heading 4503, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), 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 4502 provides for natural cork, debacked or roughly squared, or in rectangular (including square) blocks, plates, sheets or strip (including sharp-edged blanks for corks or stoppers). Heading 4503 provides for articles of natural cork. The Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, states at page 648 that Heading 4502 covers products which have been further worked into the form of rectangular (including square) blocks, plates, sheets or strip obtained from the bulk cork of Heading 4501, by slicing both faces and cutting the edges at right angles. Such products remain classified in this heading whether or not consisting of layers of cork placed one above the other and glued together. Blocks, plates, sheets and strip cut to shapes other than rectangular (including square) are regarded as articles of cork (Heading 4503).

In HRL 952504, dated January 12, 1993, we ruled on merchandise made by laminating layers of cork together to produce thick blocks, slicing the blocks to produce thin veneer sheets, and laminating the cork veneer sheets to the fabric. We found that those operations go beyond that contemplated for natural cork of Heading 4502, according to the Explanatory Notes. Thus, those operations produced an article of natural cork of Heading 4503. The merchandise at issue is similar to that of HRL 952504. Consequently, it is classifiable in Heading 4503.

HOLDING:

The merchandise at issue is classified under subheading 4503.90.6000, HTSUSA, which provides for articles of natural cork, other, other. The rate of duty is 18 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are revoking HRL 085325 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a revocation of HRL 085325 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to HRL 085325 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 085325 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.


Sincerely,

John Durant, Director
Commercial Rulings Division