CLA-2 CO:R:C:T 088003 HP
5101.11.5000; 5101.11.6030; 5101.11.6060; 5101.19.6030;
5101.19.6060
Dr. C.T. Stacey
Founder
Harrington Organization
P.O. Box 148
Tallassee, AL 36078-0148
RE: Crossbred Arabian and Australian wool is improved.
Camelskin; tanned; Merino; greasy; unimproved
Dear Dr. Stacey:
This is in reply to your letter of September 24, 1990,
concerning the tariff classification of camelskin and wool,
imported from Saudi Arabia, under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue consists of the following:
Fully tanned camelskins valued at $3.00/ft. These skins
will be sold to factories manufacturing leather products.
Three types of raw wool, valued at $3.00/kg.
Pure Arabian wool in greasy1 condition. The wool is
unimproved2 and is to be used in the United States by
carpet and rug manufacturers. It has not been carded
or combed. It is shorn. It is a very coarse wool
ranging in fiber diameter from 76Grading3
by spinning count is not finer than 40s.
Pure Australian wool processed in Saudi Arabia from
Australian sheep. It is not unimproved, and is to be
used in the United States by wool garment
manufacturers. It is neither carded nor combed. It is
either shorn or taken from the skins of slaughtered
sheep. It is either finer or not finer than 58s. We
assume all is finer than 46s.
Crossbred Australian and Saudi Arabian wool processed
in Saudi Arabia, in greasy condition. It is to be used
in the United States for both wool garment
manufacturing or special rug design. It is neither
carded nor combed. It is always finer than 40s and
sometimes finer than 44s. We assume none is finer than
46s.
ISSUE:
What is the appropriate classification of this merchandise
under the HTSUSA?
LAW AND ANALYSIS:
Camelskins
Heading 4107, HTSUSA, provides for leather of other
animals. This includes, inter alia, camels.
Wool
Pure Arabian & Pure Australian
Heading 5101, HTSUSA, provides for, inter alia,
these varieties of wool if for special uses. Additional U.S.
Note 2 to Chapter 51 states that
(d)(i) The term "wool for special uses"
means unimproved wool and other
wool of whatever blood or origin
not finer than 46s entered by a
dealer, manufacturer or processor,
and certified for use only in the
manufacture of felt or knit boots,
floor coverings, heavy fulled
lumbermen's socks, press cloth,
papermakers' felts or pressed felt
for polishing plate and mirror
glass....
As you are neither a dealer, manufacturer or processor, these
subheadings do not apply.
Crossbred
As we stated above, Arabian wool can be "improved"
by the admixture of Merino blood. The WOOL GLOSSARY AND
REFERENCE BOOK (Eavenson & Levering Co. 1941) describes crossbred
as:
The offspring resulting from mating a ram and
ewe of different breeds, usually a Merino
ewe, with a long-wool ram.
Australian wool is described as a fine Merino originally
developed by Captain MacArthur by crossing the Electoral and
Negrettis strain of Merinos. Based upon these references,
therefore, it is our opinion that the crossbred wool at issue is
considered improved under Additional Note 2, Supra.
Endnotes
1.Wool as shorn from sheep prior to degreasing contains varying
amounts of natural grease, dried perspiration, dirt, and
different kinds of vegetable matter. Pohle, E.M., et al., Value-
Determining Physical Properties and Characteristics of Domestic
Wools (Marketing Research report No. 211), United States
Department of Agriculture, Agricultural Marketing Service,
Livestock Division (1958) (hereinafter Pohle), at 5.
2.Additional U.S. Note 2(e) to Chapter 51, HTSUSA, defines the
term "unimproved wool" as, inter alia, Arabian and similar wool
not improved by the admixture of Merino or English blood.
3.The word grade when used in connection with wool refers to the
quality of wool from the standpoint of fitness or fiber diameter.
The yarn count is the measure of relative fineness or dimension
of the yarn. For example, a 64s grade of wool, when processed
and spun to capacity, theoretically results in 64 hanks of yarn
weighing, together, approximately one pound. A hank is 560
yards. Pohle, supra note 1,at 23.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Camelskin
... under subheading 4107.90.3000, HTSUSA, as leather of
other animals, without hair on, other than leather of
heading 4108 or 4109, of other animals, not fancy. The
applicable rate of duty is 5 percent ad valorem.
Arabian Wool
... under subheading 5101.11.2000, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
shorn wool, unimproved wool; other wool, not finer than 46s,
other unimproved wool; other wool not finer than 40s. While
the applicable rate of duty under this subheading is
normally 5.5/clean kg, subheading 9902.51.01 provides a
Free rate of duty for this merchandise when entered on or
before December 31, 1992.
Australian Wool, Not Shorn, Not Finer than 58s
... under subheading 5101.19.6030, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
other, other, not finer than 58s. The applicable rate of
duty is 22/clean kg.
Australian Wool, Not Shorn, Finer than 58s
... under subheading 5101.19.6060, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
other, other, not finer than 58s. The applicable rate of
duty is 22/clean kg.
Australian Wool, Shorn, Not Finer than 58s
... under subheading 5101.11.6030, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
shorn wool, other, not finer than 58s. The applicable rate
of duty is 22/clean kg.
Australian Wool, Shorn, Finer than 58s
... under subheading 5101.11.6060, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
shorn wool, other, finer than 58s. The applicable rate of
duty is 22/clean kg.
Crossbred Wool, Finer than 40s
... under subheading 5101.11.4000, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
shorn wool, unimproved wool; other wool, not finer than 46s,
other, other wool, finer than 40s but not finer than 44s.
While the applicable rate of duty under this subheading is
normally 6.6/clean kg, subheading 9902.51.01 provides a
Free rate of duty for this merchandise when entered on or
before December 31, 1992.
Crossbred Wool, Finer than 44s
... under subheading 5101.11.5000, HTSUSA, as wool, not
carded or combed, greasy, including fleece-washed wool,
shorn wool, unimproved wool; other wool, not finer than 46s,
other, other wool, finer than 44s. While the applicable
rate of duty under this subheading is normally 22/clean kg,
subheading 9902.51.01 provides a Free rate of duty for this
merchandise when entered on or before December 31, 1992.
Sincerely,
John Durant, Director
Commercial Rulings Division