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HQ 084728


September 5, 1989

CLA-2 CO:R:C:G 084728 CMR 840886

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030

Mr. Charles Meredino
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, New York 11434

RE: Classification of a knit/suede women's garment

Dear Mr. Meredino:

This ruling is in response to your letter of May 5, 1989, on behalf of Ralph Lauren, requesting the classification of a knit and suede women's garment, style 7C2HD. The garment will be imported from Hong Kong.

FACTS:

The submitted sample, style 7C2HD is a women's garment made of suede leather and 100 percent wool knit fabric. The knit fabric is constructed with less than 9 stitches per 2 centimeters measured in the horizontal direction. The garment features sewn in shoulder pads, a pointed collar, notched lapels, long sleeves with fold over rib knit cuffs, a full front opening with 4 button closures, 2 patch pockets below the waist, and a chest patch pocket. Each pocket is designed with a buttoned flap.

The knit portions of the garment consist of the long sleeves with the rib knit cuffs and the entire back panel. The suede portions consist of the two front panels (including the three front pockets), the collar, and two suede patches sewn on the back portion of the sleeves at the elbows.

Weight, surface, and value breakdowns submitted by the importer indicate that the percentages by weight of knit verses suede is 57/43; the percentage breakdown for the surface area is 65/35; and the percentage breakdown for the relative value is 25/75.

ISSUE:

Is style 7C2HD 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 garment at issue, while the knit textile portion comprises 65 percent of the surface area, the entire front of the garment is suede. Although the suede provides a significant visual effect, we believe the knit portion also provides a significant visual effect and is in fact more decorative than the suede. The suede portion does not weigh over 50 percent of the garment, nor is it valued at more than 10 times the knit component.

In light of the above observations, we cannot determine which component determines the essential character of the garment. They each contribute to the character of the garment; in terms of imparting essential character, neither outweighs the other. Therefore, classification will be by application of GRI 3(c) which means the garment will be classified as a textile garment since the textile provision appears after the leather in the tariff schedule.

HOLDING:

The garment at issue, style 7C2HD, is classified according to the knit textile fabric. Since the knit fabric contains less than 9 stitches per 2 centimeters, the garment is classified as a women's wool sweater in subheading 6110.10.2030, HTSUSA, textile category 446, dutiable at 17 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

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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