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HQ 083501


June 16, 1989

CLA-2 CO:R:C:G 083501 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4203.10.4030; 6110.90.0016

Gail T. Cumins, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. Eighty Broad Street
New York, New York 10004

RE: Reconsideration of NYRL 832252 of November 18, 1988, and classification of a men's sweater, style 29431

Dear Ms. Cumins:

This ruling is in response to your submission of January 24, 1989, on behalf of your client, Polo/Ralph Lauren, requesting the reconsideration of NYRL 832252, and the classification of a men's sweater, style 29431. Customs will address both requests in this ruling; however, in the future, requests for reconsiderations and classifications are to be separately submitted.

FACTS:

Style M3036, the subject of NYRL 832252, is a men's long-sleeve jacket with woven wool fabric comprising the back and sleeves of the jacket, and leather suede comprising the front panels. There are buttoned cuffs, a rib knit waistband, and chest pockets with buttoned flaps.

NYRL 832252 classified style M3036 as a men's woven wool jacket in subheading 6201.91.2010. New York Customs stated in the ruling that in their opinion, "the leather portions do not impart the essential character of this jacket."

Style 29431 is a men's cardigan sweater constructed from 100 percent silk knit fabric and 100 percent leather suede. The knit fabric contains four stitches per two centimeters measured in the horizontal direction.

The cardigan has a V-neck, a full-front opening with a five button closure, long raglan sleeves with rib knit cuffs, a rib knit waistband, two patch pockets at the waist, and an inset pocket on the left chest. The three pockets are secured by buttoned flaps.

The knit portions of style 29431 include the entire back panel, the raglan sleeves, the front placket forming the V-neckline, and the rib knit cuffs and waistband. The leather suede portions of the garment include the two front panels, the patch pockets, and the pocket flaps.

You assert that the leather portions of style M3036 and style 29431 impart the essential character for the garments, and that both garments should be classified as leather wearing apparel in subheading 4203.10.40, HTSUSA. The garments will be imported from Hong Kong.

ISSUE:

Is the essential character of styles M3036 and 29431 imparted by the textile or leather portions of the garments?

LAW AND ANALYSIS:

Determination of essential character is understandably diffi- cult. In an effort to ease that difficulty and inject objectivity and uniformity into the determination, Customs has issued a Memorandum to the Area Director, New York Seaport, File #084118 of April 13, 1989, (copy attached) establishing criteria to be applied in the classification of garments consisting of different fabrics or of textile and nontextile components.

When one component of an upper body garment exceeds 60 percent of the visible surface area of the garment, that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or
(3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component.

If no component comprises 60 percent of the visible surface area, or if any of the above four listed conditions are present, classification will be according to GRI 3(b) or 3(c), as appropriate.

Customs believes that the textile portion of style M3036 exceeds 60 percent of the visible surface area of the garment. However, since the leather portion forms the entire front of the garment (with the exception of a minor portion of the ribbed waistband), classifi- cation is to be decided by application of GRI 3(b) or 3(c), as appropriate.

New York Customs was unable to decide which component gave style M3036 its essential character. Therefore, they classified it as a textile garment by applying GRI 3(c) which directs classification according to the heading which occurs last in numerical order among those which equally merit consideration.

Having examined style M3036, we believe that the decision in NYRL 832252 was a reasonable conclusion at the time. The ruling was issued prior to the issuance of File #084118. However, in light of File #084118, we think the essential character of the garment can be determined using the criteria set out in the Memorandum.

The leather component does not weigh over 50 percent of the garment, nor is it valued at more than 10 times the textile components. However, it forms the entire front of the garment (except for part of the rib knit waistband) and provides a visual and significant effect. These two factors in combination with the additionally consideration that its value is higher than that of the textile, albeit not 10 times higher, leads us to decide that the essential character is derived from the leather.

As for style 29431, Customs disagrees with the assertion that the entire front of the garment is composed of leather, exclusive of trim. The knit silk placket and waistband are not considered trim. Additionally, the raglan sleeve design allows a significant amount of the sleeves to appear on the front of the garment. This design decreases the frontal surface area taken up by the front panels.

Customs believes that the textile portion of style 29431 exceeds 60 percent of the visible surface area of the garment. While we disagree that the entire front of the garment consists of the leather component, we will concede that the leather provides a visual and significant decorative effect. Under these circumstances, classi- fication is to be decided by application of GRI 3(b) or 3(c), as appropriate.

Style 29431 is basically a men's sweater, and we believe consumers will view it as such. After examining it, we believe that due to the preponderance of textile and the styling of the garment, the essential character of style 29431 is derived from the textile component.

HOLDING:

NYRL 832252 of November 18, 1988, classifying style M3036 as a wool jacket in subheading 6201.91.2010, HTSUSA, is revoked. The garment is classifiable as a leather jacket in subheading 4203.10.4030, HTSUSA. It is dutiable at 6 percent ad valorem.

Style 29431 is properly classified as a men's silk sweater, containing 70 percent or more by weight of silk or silk waste, in subheading 6110.90.0016, dutiable at 6 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, 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

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