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HQ 088734


June 13, 1991

CLA-2 CO:R:C:T 088734 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010

Mr. Henry Cherner
OK Sam
13700 Gramercy Place
Gardena, CA. 90249

RE: Classification of Two Women's Knit Blouses

Dear Mr. Cherner:

This is in reply to your letter of November 19, 1990, concerning the tariff classification of two women's garments. Our ruling on the matter follows.

FACTS:

Two samples were submitted, Both are designed to cover the upper portion of a woman's body and are made from a polyester raschel knit mesh base fabric that has been over embroidered with raschel knit floral designs. The construction of the base fabric is a type of construction commercially known as a two-bar net ground. In this fabric, the meshes are in the form of hexagons and the vertical sides of each mesh are formed by three very small stitches while the right diagonal sides are each formed by one large stitch and the left diagonal sides are each formed by two smaller stitches. A similar, but not identical, construction is illustrated in the Addendum to this ruling.

Style No. 363 is contoured and extends to the hip area. It has very short sleeves, a full front opening secured with seven buttons, and a full lining. The body of the garment is made from eight vertical panels. Style No. 371 is an unlined, loose hanging, hip-length garment which has long sleeves with two button cuffs and a full front opening secured by six buttons. The body of style No. 371 consists of three vertical panels--two front quarter panels and a single rear panel.

ISSUE:

The issues presented are (1) what is the proper method of determining the number of stitches per linear centimeter, and (2) whether the garments are worn in place of, or over, blouses. LAW AND ANALYSIS:

Women's knit shirts and blouses are provided for under Heading 6106, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Note 4 to Chapter 61, HTSUSA, provides that Heading 6106 does not cover:

[G]arments with pockets blow the waist, with a ribbed waistband or other means of tightening at the bottom of the garment, or garments having an average of less than 10 stitches per linear centimeter in each direction counted on a area measuring at least 10 centimeters by 10 centimeters. (underscoring added)

It is Customs view, in regard to the application of Note 4, that where the outer shell of a garment consists of a base fabric upon which decorative embroidered patterns have been superimposed, the number of linear stitches per centimeter will be determined by counting the number of stitches in the base fabric with no consideration being given to the stitches forming the embroidered designs.

A further problem has been encountered--where a garment is made from a fabric that has hexagonal-shaped meshes, it has been suggested that the number of stitches "per linear centimeter in each direction" be determined by counting the number of horizontal holes on a straight horizontal line and the number of vertical holes on a diagonal line.

While that may be the proper method for making a hole count in determining the finished quality of a plain net fabric (see Textile Terms and Definitions, edited by Carolyn A. Farnfield, compiled by the Textile Institute, Manchester, England, 7th edition, 1975, at page 153), we do not believe that it has any relevance to the stitch count required by Note 4. As noted above, some sides of the hexagonal meshes in the instant samples are formed with two and three stitches. Counting the holes would attribute one stitch to each vertical side of the mesh without regard to the actual number of stitches present and without considering the stitches on the diagonal sides connecting the vertical sides.

The words "in each direction" can be interpreted to mean the horizontal, vertical, and diagonal directions, thus requiring three directions to be counted. While we do not rule it out, at this time we cannot envision a fabric which would require the counting of stitches in three separate directions. Weft knits reasonably have only vertical and horizontal directions in which the stitches can be counted. Warp knits can be made in a large number of variations, some of which have no easily countable
pattern. However, warp knits may have a type of construction, such as here presented, where the stitches, instead of being knit in a vertical manner like the weft knits, form a generally straight diagonal line. Accordingly, in the case of warp knits like the subject merchandise, we believe that it is proper to count stitches in the horizontal and diagonal directions. Where there is a difference, as presented by these samples, between left diagonals and right diagonals in the number of stitches per linear centimeter, the stitch count should be taken along the diagonal which includes the greatest number of stitches.

In this instance, the stitch count in the outer shell base fabric of both garments is over 10 per centimeter in both the horizontal and diagonal directions. Accordingly, neither garment is disqualified from classification in Heading 6106 by Note 4. Style 363 is clearly, in our view, a blouse that is designed to be worn next to the skin or over undergarments. The unlined garment, style 371, does not provide sufficient coverage to be worn without another garment underneath. However, we are informed by our National Import Specialist (NIS) for this commodity area that style 371, based on its design, belongs to a class of garments known as "see through blouses". Our independent evaluation of the garment is in accord with the views of the NIS. While the garment is capable of being worn over a shirt or blouse, considering the styling, the double button cuffs, and the small buttons used on the cuffs and the front opening, we believe that this garment would be worn as a blouse over a camisole or camisole-type garment.

HOLDING:

Both sample garments are classifiable under the provision for women's knit blouses, of man-made fibers, in subheading 6106.20.2010, HTSUSA, with duty, as product of India, at the rate of 34.6 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 639.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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