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HQ 955431


March 16, 1994

CLA-2 CO:R:C:T 955431 jb

CATEGORY: CLASSIFICATION

TARIFF NO: 6110.30.1560; 6110.30.1520

Ms. Karen Anarumo
Donna Karan
600 Gotham Parkway
Carlstadt, NJ 07072

RE: Modification of Pre-entry classification (PeC) 889224; garments classified as sweaters must meet the requisite stitch count; Statistical Note 3 to chapter 61, HTSUSA

Dear Ms. Anarumo:

On August 17, 1993, our New Jersey office issued you Pre- entry Classification (PeC) 889224, classifying three styles of women's knit wearing apparel. Upon further review, that classification is deemed to be in error and is accordingly modified.

FACTS:

The merchandise in question consists of three styles of women's knit wearing apparel, covering the wearer's upper body from the neck and shoulder to below the waist:

1. Style number 400014A is a long sleeved pullover with a round, capped neckline. It consists of 75 percent rayon and 25 percent wool fibers. It is constructed with 2X2 rib knit fabric that has more than nine stitches per two centimeters measured in the horizontal direction.

2. Style number 300175A is a women's sleeveless pullover with a boat neckline. The pullover features picot edging at the neck and armhole openings and beading which is scattered throughout the fabric. It consists of 75 percent rayon and 25 percent wool fibers and has a knit fabric construction of more than nine stitches per two centimeters measured in the horizontal direction.

3. Style number 400514A is a sleeveless cardigan, sweater vest with a V- neckline and a seven button, full front opening. The neckline, armhole openings, front placket and bottom are finished with capping. There are also two front pockets below the waist. It consists of 75 percent rayon and 25 percent wool fibers and has a closely knit open work fabric construction. We will assume the fabric has nine or fewer stitches per two centimeters measured in the horizontal direction as that is the information provided to us by the National Import Specialist and the count does not appear to be disputed by the importer. The use of texturized yarns in the construction of the garment has made it difficult for this office to verify the stitch count.

The classification determination issued in PeC 889224 was based on the characteristics of the garments, and particularly the stitch count in the fabric construction, provided to the Field National Import Specialist. Since that time, it has been brought to our attention that the stitch counts on which PeC 889224 was based are incorrect. Examination of the three samples has revealed that the accurate stitch counts for the samples are as follows:

1. Style number 400014A- more than nine stitches per two centimeters measured in the horizontal direction

2. Style number 300175A- more than nine stitches per two centimeters measured in the horizontal direction

3. Style number 400514A- nine or fewer stitches per two centimeters measured in the horizontal direction

ISSUE:

What is the proper classification for the merchandise?

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.

Chapter 61, HTSUSA, provides for articles of apparel and clothing accessories, knitted or crocheted. 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 two centimeters measured in the horizontal direction. [Emphasis added]

Style numbers 400014A and 300175A have more than nine stitches per two centimeters measured in the horizontal direction. As such, they do not meet the requisite stitch count to qualify them as sweaters. Style number 400514A, on the other hand, with 9 or fewer stitches per two centimeters measured in the horizontal direction, does meet the requisite stitch count and thus qualifies as a sweater.

HOLDING:

The classification of the subject submitted samples is accordingly modified to reflect the following:

Style numbers 400014A and 300175A, pullovers with more than nine stitches per two centimeters in the horizontal direction, are classified in subheading 6110.30.1560, HTSUSA, which provides for, inter alia, women's knitted or crocheted sweaters, pullovers and similar articles, of man-made fibers, containing 23 percent or more by weight of wool or fine animal hair. The applicable rate of duty remains 17 percent ad valorem. The textile quota category changes from 446 to 438.

Style number 400514A, a sleeveless cardigan sweater vest with nine or fewer stitches per two centimeters measured in the horizontal direction, is classified in subheading 6110.30.1520, HTSUSA, which provides for, inter alia, women's knitted or crocheted sweaters, of man-made fibers, other, containing 23 percent or more by weight of wool or fine animal hair. The applicable rate of duty remains 17 percent ad valorem. The textile quota category changes from 459 to 446.

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 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 the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) categories, you 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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