HQ 0954334 - Women's knit pullover; composed in part of metallic yarn; Legal Note 2(A) and 2(B) to Section XI, HTSUSA; classification based on textile material which predominates by weight; subheading 6110.90.0042, HTSUSA - United States International Trade Commision Rulings

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HQ 954334

October 20, 1993

CLA-2 CO:R:C:T 954334 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.0042

Mr. Patrick Yeung
Paul Alexander
530 Seventh Avenue
New York, N.Y. 10018

RE: Women's knit pullover; composed in part of metallic yarn; Legal Note 2(A) and 2(B) to Section XI, HTSUSA; classification based on textile material which predominates by weight; subheading 6110.90.0042, HTSUSA

Dear Mr. Yeung:

This is in regard to your letter, dated May 13, 1993, regarding the classification of a woman's knit pullover to be imported from Hong Kong. A sample was provided to this office for examination and will be returned under separate cover.

The submitted sample, referred to as Style number 32201, is a women's knit long sleeve pullover sweater. The sweater features a round neckline and a variety of decorative stitch patterns. You state in your letter that the fiber content of the sample is 56 percent silk, 31 percent cotton, 9 percent rayon and 4 percent polyester.

ISSUE:

What is the classification of the woman's knitted pullover?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Because the garment at issue is constructed of a combination of textile materials (silk, cotton, rayon and metallic fibers), a decision must be made as to which of those materials will be determinative for classification purposes.

A fiber analysis completed by our New York Customs laboratory reports the following fiber content of the garment: 61.1 percent silk, 26.8 percent cotton, 7.70 percent rayon and 4.4 percent metallic (mylar type).

A second report completed by our Washington, D.C. laboratory indicates that the garment is constructed of two, 6-ply yarns which form each stitch. Each of the two, 6-ply yarns contains three, 2-ply yarns, and each of the three, 2-ply yarns are composed of the following:

PLY YARN TYPE FIBER COMPOSITION

1 spun silk spun cotton

2 spun silk spun cotton

3 multifilament rayon strip metallic

The metallic strips are supported by the multifilament rayon yarns to add strength during the crocheting operation. The three, 2-ply yarns are twisted together to make one, 6-ply yarn. Two, 6-ply yarns are crocheted side by side to form each stitch.

Heading 5605, HTSUSA, provides for inter alia, yarn consisting of metal plus any textile material, including strips, obtained by twisting, cabling or gimping, whatever the proportion of metal present. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 5605, state in pertinent part:

This heading covers:

(1) Yarn consisting of any textile material (including monofilament, strip and the like and paper yarn) combined with metal thread or strip, whether obtained by a process of twisting, cabling or by gimping, whatever the proportion of metal present.

(2) Yarn of any textile material (including monofilament, strip and the like, and paper yarn) covered with metal by any other process. This category includes yarn covered with metal by electro-deposition, or by giving it a coating of adhesive (e.g., gelatin) and then sprinkling it with metal powder (e.g., aluminum or bronze).

In the instant case, the construction of each 6-ply yarn is described in EN(1). Accordingly, the yarn used in making the instant garment is a metalized yarn of heading 5605, HTSUSA.

Statistical Note 3 to chapter 61, HTSUSA, states:

For purposes of this chapter, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the horizontal direction.

The submitted garment, based on an analysis completed by our Washington, D.C. laboratory, has 5 stitches per 2 centimeters in the horizontal direction. As such this qualifies as a sweater in chapter 61, HTSUSA.

As the sweater at issue is constructed of silk, cotton, rayon and metalized yarn, a determination must be made as to whether classification will be controlled by the metalized component or the remaining components from which the sweater is constructed. As the garment is a sweater classifiable in chapter 61, HTSUSA, Subheading Note 2 to Section XI, HTSUSA, provides in pertinent part:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

Legal Note 2(A) and 2(B)(a) to Section XI, HTSUSA, state, in pertinent part:

(A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

(B) For the purposes of the above rule:

...metalized yarn (heading 5605) [is] to be treated as a single textile material the weight of which is to be taken as the aggregate of the weights of its components...

In the submitted sample, the sweater is composed of 61.1 percent silk, 26.8 percent cotton, 7.7 percent rayon and 4.4 percent metallic. Accordingly, to determine classification several steps must be followed, as per the Notes in the HTSUSA. First, pursuant to Legal Note 2(B)(a) to Section XI, HTSUSA, the metalized yarn is treated as a single textile material. Thus, Legal Note 2(A) to Section XI, HTSUSA, directs that the garment would be classified as if consisting wholly of metalized yarn.

Secondly, Legal Note 8 to Section XI, HTSUSA, states that "...[c]hapters 50 to 55 do not apply to goods of chapters 56 to 59." Since metallic yarns are classified in chapter 56, HTSUSA, neither those yarns nor fabric made from them are classified in chapters 54 or 55 as man-made fiber fabrics. Thus, the garment at issue is classifiable under subheading 6110.90.00, HTSUSA, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of other textile materials. Thus far this leads us to the eight digit classification; the statistical level, i.e., at the ten digit level, has yet to be determined.

Finally, in determining the classification of these garments at the statistical level, we are directed to Statistical Note (2) to Section XI, HTSUSA, which states in pertinent part:

(a) The term "subject to cotton restraints" means articles in which:

(i) The cotton component equals or exceeds 50 percent by weight of all the component fibers thereof; or

(ii) The cotton and any wool, fine animal hair or man- made fibers in the aggregate equals or exceeds 50 percent by weight of all the component fibers thereof and the cotton component equals or exceeds the weight of each of the wool (including fine animal hair) and man-made components.

(b) The term "subject to wool restraints" means articles not provided for in (a) above and in which the wool (including fine animal hair) component exceeds 17 percent by weight of all the component fibers thereof.

(c) The term "subject to man-made fiber restraints" means articles not provided for in (a) or (b) above and the man-made fiber component, or the man-made fibers and any cotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.

This note directs that we look to the component fibers of the sweater in determining the classification at the statistical level. The fiber breakdown of the sweater is:

61.1 percent silk; 26.8 percent cotton; 7.70 percent rayon and 4.4 percent metallic

Pursuant to Statistical Note 2(a)(ii), the sweater does not meet the requirements which would subject it to either cotton, wool or man-made fiber restraints. Accordingly, classification of the sweater is in subheading 6110.90.0042.

We note that in classifying the sweater at the eight digit level, we look to the material composition of the sweater where the metalized yarn is considered a single textile material for classification purposes. However, at the statistical level, the relevant note dictates that we look at the fiber breakdown of the garment which requires us to breakdown the metalized yarns into its core components. Consequently, at the statistical level, the subject sweater is in the "other" category.

HOLDING:

Style number 32201, a woman's knit long sleeve pullover sweater, is classified in subheading 6110.90.0042, HTSUSA, which provides for, inter alia, sweaters, knitted or crocheted, of other textile materials, women's or girls', other, other. The applicable rate of duty is 6 percent ad valorem and the quota category is 845.

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 negotiations and changes, we suggest that your client check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), and issuance of the U.S. Customs Service which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) categories, your client should contact the local Customs Office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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