OT:RR:CTF:VS H344327 JH

Max Brickle
President
The Brickle Group
235 Singleton St.
Woonsocket, RI 02895

RE: Subheading 9808.00.30, HTSUS; Emergency War Materials

Dear Mr. Brickle:

This is in response to an inquiry, dated December 19, 2024, concerning the applicability of subheading 9808.00.30, Harmonized Tariff Schedule of the United States (“HTSUS”).

FACTS:

Hyman Brickle and Son Inc. (“Brickle”) will be importing worsted fabric (“fabric”) for the use in the production of United States military uniforms. The Department of Defense (“DOD”) has issued a domestic non-availability determination (“DNAD”) in response to the current United States (“U.S.”) supply chain unable to meet DOD’s current textile and clothing demand. Brickle will provide the fabric so domestic manufacturers can meet the demand of contracts that the Defense Logistic Agency (“DLA”) have issued for more uniforms.

You have asked whether the worsted material may be approved as emergency war materials to qualify the articles for duty-free entry under subheading 9808.00.30, HTSUS.

ISSUE: Whether CBP may approve the worsted fabric as “emergency war materials” for purposes of duty-free treatment under subheading 9808.00.30, HTSUS. LAW AND ANALYSIS:

Subheading 9808.00.30, HTSUS, covers “Articles for military departments: Materials certified to the Commissioner of Customs by the authorized procuring agencies to be emergency war material purchased abroad.”

Section 10.102(b), CBP Regulations (19 C.F.R. § 10.102(b)), states that the certification required under subheading 9808.00.30, HTSUS, must be provided to CBP for the agency to accept the goods as emergency war materials. 19 C.F.R. § 10.102(b) also provides that:

The certificates may be submitted electronically, printed, stamped, or typewritten on the Customs entry or withdrawal form, Customs Form 7501, or its electronic equivalent, or on a separate paper attached to the entry or withdrawal form filed by the Government agency or office, provided the certification is clearly and unmistakably identified with the articles covered by the entry or withdrawal.

As indicated, this provision is only applicable when a certificate executed by a duly authorized officer or official of the applicable military department is presented. Therefore, provided the certification identifies the article(s) and entry number(s) at issue, articles will be eligible for duty-free treatment under subheading 9808.00.30, HTSUS.

We note that this question has been previously addressed on several occasions in the past. C.S.D. 80-222, 14 Cust. Bul. 1125 (1980) cites a letter from the Attorney General, dated August 13, 1943, which states: “{w}hen any such officer has determined that the material being imported is a war material entitled to duty-free entry under the statute and has executed the certificate provided for (under the predecessor to section 10.102(b), Customs Regulations) the Customs officials are not required to make an independent determination of the matter, but may rely upon the determination made as embodied in the certificate.” A memorandum dated October 14, 1993, confirms this decision.

HOLDING: The worsted fabric imported may be eligible for duty-free treatment under subheading 9808.00.30, HTSUS, provided that they are certified to the Commissioner of Customs by the authorized procuring agency to be emergency war material purchased abroad, and the documentary requirements of 19 C.F.R. § 10.102 are satisfied.

Sincerely,

Monika R. Brenner, Chief
Valuation and Special Programs Branch