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HQ 084707


September 6, 1989

CLA-2 CO:R:C:G DRR 084707

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.4200

Steven S. Weiser, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

RE: Women's cardigan and vest

Dear Mr. Weiser:

This is in reference to your letter dated May 8, 1989, requesting the classification of a women's cardigan and vest under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by two samples, a women's cardigan and a women's vest. The women's knit cardigan garment has a full front opening with seven buttonholes on the front placket. There were no buttons on the sample submitted. The cardigan has a V-neckline, long sleeves with rib knit cuffs and a rib knit bottom. The garment extends from the neck and shoulders to the top of the thighs. Each sleeve has an overlaid narrow band of fabric attached around the area of the elbow. The knit fabric covering the forearm has popcorn stitching. The garment is decorated with clusters of metallic bells, chains and tassels.

The body of the garment is comprised of two different knit fabrics. The shoulders and front and back yoke of the garment are made of 80 percent cotton/20 percent nylon velour, composed of twenty-two stitches per two centimeters, measured horizontally. The lower half of the garment and the sleeves are made of 55 percent ramie/45 percent cotton double knit fabric composed of eight stitches per two centimeters, measured horizontally. This fabric comprises 83 percent of the garment's weight, approximately 66 percent of the surface area and 80 percent of the value of the garment.

The other sample is a women's V-neckline sleeveless vest which extends from the shoulders to below the waistline. It is also decorated with bells, chains and tassels. The fiber content and stitch count are the same as for the first sample. The fabrics each account for about 50 percent of the garment, but the 55 percent ramie/45 percent cotton fabric is of greater weight and value.

ISSUE:

Whether the garments at issue are classifiable as sweaters of other textiles materials.

LAW AND ANALYSIS:

Subheading 6110.90.0042, HTSUSA, provides for "Sweaters, pullovers...and similar garments knitted...Of other textile materials, Sweaters, Women's, Other."

Pursuant to Note 2 and Subheading Note 2 to Section XI, HTSUSA, the classification of garments consisting of different fabrics is determined under the General Rules of Interpretation (GRI) 3, HTSUSA, and where the selected fabric is composed of different textile materials, by the textile material which predominates by weight.

Applying GRI 3(b), it is the 55 percent ramie/45 percent cotton fabric which gives the cardigan its essential character. The cardigan is also in chief weight ramie. (See Headquarters Ruling 084118 PR, dated April 13, 1989, copy attached.) The cardigan is a sweater for tariff and quota category purposes, in light of the fact that the stitch count is less than nine stitches per two centimeters.

The vest, however, has its essential character imparted by neither of the component fabrics, in that neither fabric comprises 60 percent of the surface area. The somewhat greater weight of the cotton/ramie fabric is not sufficient to impart essential character. Applying GRI 3(c), the vest is properly classified under the tariff number which appears last in the tariff. The competing sections are subheading 6110.20.20, HTSUSA, in chief weight cotton or subheading 6110.90.00, HTSUSA, in chief weight ramie. The vest cannot be classified as a vest because it has a stitch count for sweaters.

HOLDING:

Both the women's sweater and vest at issue are classifiable under subheading 6110.90.0042, HTSUSA, Sweaters, pullovers...and similar garments knitted...Of other textile materials, Sweaters, Women's, Other, with a duty rate of 6 percent ad valorem and a quota category of 845.

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

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