HQ 0089176 - Classification of a women's knit/woven sleeveless pullover; Modification of NYRL 859422 of January 25, 1991; essential character; heading 6211, HTSUSA; Your Reference Case #4/91 - United States International Trade Commision Rulings

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HQ 089176

August 6, 1991

CLA-2 CO:R:C:T 089176 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0060

Mr. Tommy Lai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of a women's knit/woven sleeveless pullover; Modification of NYRL 859422 of January 25, 1991; essential character; heading 6211, HTSUSA; Your Reference Case #4/91

Dear Mr. Lai:

This ruling is in response to your letter of April 11, 1991, on behalf of Sideffects, Inc., requesting this office review the classification of a women's knit and woven sleeveless pullover garment, style P3138/P180, entered through the port of Los Angeles in accordance with NYRL 859422 of January 25, 1991. A sample was received with your letter and will be returned under separate cover.

FACTS:

Style P3138/P180 is a women's sleeveless pullover made of knit and woven fabrics. The garment extends from the top of the bust to just below the waist. It is constructed with a front knit panel making up the majority of the front of the garment, including the bottom half of the armholes. A three-inch woven panel is attached to the top of the knit panel. The woven panel forms the top of the front of the garment and extends straight across the top of the bust. The back panel is of woven fabric and is connected to the front by two two-inch wide woven straps. The garment features a five-inch wide pronounce rib knit waistband and metal ornamental rings connected by chains on the front woven panel.

The knit and woven fabrics consist of 55 percent ramie/45 percent cotton fibers. The importer indicated in his earlier ruling request that the surface area breakdown of the fabrics is

52 percent woven and 48 percent knit. The weight ratio is indicated to be 30 percent woven and 70 percent knit and it appears the knit fabric is approximately double the cost of the woven fabric.

In NYRL 859422, this garment was classified in subheading 6211.49.0090, HTSUSA, which provides for other garments of other textile materials, other.

ISSUE:

Was style P3138/P180 correctly classified in NYRL 859422?

LAW AND ANALYSIS:

The garment at issue, style P3138/P180, was classified as a woven garment in NYRL 859422 by application of General Rule of Interpretation 3(c) of the Harmonized Tariff Schedule. This means it was decided that the portion of the garment which imparted its essential character, the knit fabric or the woven fabric, could not be determined and therefore, the garment would be classified according to the heading which appears last in the schedule from among those which merited consideration.

There appears to be no disagreement that the garment was correctly classified as a woven garment, as opposed to a knit garment. The issue is whether the garment is classifiable as a blouse.

Customs has previously ruled on pullover garments with straps, i.e., tank-style pullovers. See, HRL 087034 of July 31, 1990, and HRL 087530 of November 9, 1990. In those rulings, due to the presence of straps and limited shoulder coverage classification as blouses was rejected. This is a similarly styled garment and therefore, classification as a woman's blouse in heading 6206, HTSUSA, is precluded. The garment is classifiable as an other garment in heading 6211, HTSUSA.

NYRL 859422 classified the garment in heading 6211, HTSUSA, however, classification at the statistical level was in the statistical breakout for other. This was incorrect.

A statistical breakout for blouses, shirts and shirt- blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206 appears under subheading 6211.49.00, HTSUSA. This statistical breakout is the correct classification at the statistical level for the subject garment.

HOLDING:

Pursuant to 19 CFR 177.9(d), NYRL 859422 is hereby modified to reflect that the correct classification of style P3138/P180 is as an other garment in subheading 6211.49.0060, HTSUSA, textile category 840, dutiable at 7.8 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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