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HQ 084602


August 10, 1989

CLA-2 CO:R:C:G 084602 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4203.10.4030

Mr. Basil Lindsay
RRF Industries, Inc.
34 West 33rd Street
Room 712
New York, New York 10001

RE: Classification of a knit and suede men's garment

Dear Mr. Lindsay:

This ruling is in response to your letter of April 13, 1989, requesting the classification of a men's suede and acrylic knit garment, Haband Style C, made in Taiwan.

FACTS:

The garment at issue, Haband Style C, is a men's suede and 100 percent acrylic knit jacket. The acrylic fabric is one by one rib knit containing 11 stitches per two centimeters counted in the horizontal direction. The garment has a full front opening with a zipper closure; a double knit, spread collar with suede trim; epaulettes with snap closures on each shoulder; a double welt, zippered inset pocket on the left chest; an inside pocket chest pocket; two vertical entry, inset pockets at the waist; long, set-in sleeves with rib knit cuffs; and a rib knit waistband.

The suede portions of the garment consist of the two front panels extending from the shoulders to the waistband, the rear shoulder yoke, the pocket welting, the epaulettes, a one inch wide suede strip edging the collar, and a two and one-quarter inch wide insert located on the waistband at each side of the front zipper. The suede front panels and rear shoulder yoke are lined with woven fabric.

The knit portions of the garment consist of the long, set-in sleeves with rib knit cuffs; the entire back panel below the shoulder yoke; the double knit, spread collar; and the rib knit waistband.

ISSUE:

Is the garment at issue, Haband Style C, classifiable as a textile or leather garment?

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.

Applying the above criteria to the garments at issue, while it appears the textile components may comprise 60 percent or more of the visible surface areas, nearly the entire front of each garment is composed of the suede component with the exception of the ribbed knit waistband. The suede provides a significant visual and decorative effect, and is over 50 percent by weight of the garment.

Taking these factors into consideration in light of the criteria set out in File #084118 of April 13, 1989, we believe the essential character to be derived from the suede component of the garment.

HOLDING:

Haband Style C, a men's suede and acrylic knit jacket, is classifiable as a leather jacket in subheading 4203.10.4030, HTSUSA. It is dutiable at 6 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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