The tariff classification of a silk/pashmina shawl from Nepal.

NY E89324 December 1, 1999 CLA-2-62:RR:NC:3:353 E89324 CATEGORY: Classification TARIFF NO.: 6214.20.0000 Mr./Ms. Mira Courpas Top Himalayan Pashmina LLC 3810 Jocelyn St. NW Washington, DC 20015 RE: The tariff classification of a silk/pashmina shawl from Nepal. Dear Mr./Ms. Courpas: In your undated letter, received by this office on November 8, 1999, you requested a tariff classification ruling. The submitted sample is a woven fabric shawl which you state consists of 30% silk/70% pashmina fabric. The shawl is unfinished lengthwise, but is finished at the ends with 2 ½ inch tassels. You state the shawl will be imported in 36x80 inch and 28x80 inch sizes. You state that you believe the proper classification of the shawl is in subheading 6214.10.2000 because this subheading provides for shawls that are less than 70% silk. This office agrees that the item is less than 70% silk, but the shawl would have to be more than 50% and less than 70% by weight of silk to be so classified. A blend of two textile products is classified by the textile material that predominates by weight, in this instance pashmina, which is a fine animal hair. The applicable subheading for the woven 30% silk/70% pashmina fabric shawl will be 6214.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of wool or fine animal hair.” The rate of duty will be 6.7%. This item from Nepal is not subject to quota or the requirement of a visa. You ask whether the shawl is eligible for duty free treatment, and refer to General Note (GN) 4(b)(i) of the HTS. GN 4(b)(i) lists least-developed beneficiary developing countries and states “Whenever an eligible article which is the growth, product or manufacture of one of the countries designated as a least-developed beneficiary developing country is imported into the customs territory of the United States directly from such country, such article shall be entitled to receive the duty-free treatment provided for in subdivision (c)…” Items classified under subheading 6214.20.0000 are not designated as eligible articles; Therefore, the woven 30% silk/70% pashmina fabric shawl is not eligible for duty free treatment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division