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HQ 084101


July 7, 1989

CLA-2 CO:R:C:G 084101 CMR 838169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Donna Shira, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: Reconsideration of NYRL 836650 of February 23, 1989

Dear Ms. Shira:

This ruling is in response to your letter of March 10, 1989, on behalf of T/J Knit Enterprises, Inc., requesting reconsideration of NYRL 836650 of February 23, 1989. In that ruling a women's woven and knit cardigan was classified as a woven garment in subheading 6202.93.5010, HTSUSA, which provides for women's or girls' overcoats, carcoats, etc., and similar articles of man-made fibers.

FACTS:

The garment at issue, style #571, is a women's long sleeved cardigan made of both woven and knit fabrics. It has permanently attached shoulder pads and a full front opening secured by four simulated leather plastic buttons. The sleeve ends, waistband, neck and frontal ribbing consist of ribbed knit fabric. The rear panel and sleeves consist of knit fabric. The front panels consist of woven fabric.

The knit material is made of 86 percent acrylic, 10 percent mohair, and 4 percent nylon by weight. The woven material is made of 96 percent acrylic and 4 percent mohair by weight. The stitch count of the knit fabric making up the sleeves and rear panel is less than 9 stitches per 2 centimeters measured in the horizontal direction.

ISSUE:

Was style 571, a women's cardigan, correctly classified in NYRL 836650?

LAW AND ANALYSIS:

Style 571 was incorrectly classified in NYRL 836650. It is apparent from the description of the garment in that ruling that it was improperly classified due to a belief that the rear panel and sleeves were of woven material. Upon closer examination, it is clear that they are of knit material.

The two front panels are the only woven portions of the garment. The knit portions make up more than 60 percent of the garment. Following File #084118 of April 13, 1989 (copy enclosed), which established criteria to be applied in the classification of garments consisting of different fabrics or of textile and nontextile components, we believe this garment is classifiable as a knit garment.

HOLDING:

The garment at issue, style 571, is classifiable as a women's sweater of man-made fibers in subheading 6110.30.3020, HTSUSA, textile category 646, dutiable at 34.2 percent ad valorem.

NYRL 836650 of February 23, 1989, is hereby modified with respect to the classification of style 571. This action is taken in accordance with 19 CFR 177.9(d).

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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