HQ 083501: Reconsideration of NYRL 832252 of November 18, 1988, and classification of a men's sweater, style 29431

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 083501

                                  June 16, 1989


      CLA-2 CO:R:C:G  083501  CMR

      CATEGORY: Classification

      TARIFF NO.: 4203.10.4030; 6110.90.0016

      Gail T. Cumins, Esq.
      Sharretts, Paley, Carter & Blauvelt, P.C.
      Eighty Broad Street
      New York, New York  10004

      RE: Reconsideration of NYRL 832252 of November 18, 1988, and
          classification of a men's sweater, style 29431

      Dear Ms. Cumins:

           This ruling is in response to your submission of January 24,
      1989, on behalf of your client, Polo/Ralph Lauren, requesting the
      reconsideration of NYRL 832252, and the classification of a men's
      sweater, style 29431.  Customs will address both requests in this
      ruling; however, in the future, requests for reconsiderations and
      classifications are to be separately submitted.

      FACTS:

           Style M3036, the subject of NYRL 832252, is a men's long-sleeve
      jacket with woven wool fabric comprising the back and sleeves of the
      jacket, and leather suede comprising the front panels.  There are
      buttoned cuffs, a rib knit waistband, and chest pockets with buttoned
      flaps.

           NYRL 832252 classified style M3036 as a men's woven wool jacket
      in subheading 6201.91.2010.  New York Customs stated in the ruling
      that in their opinion, "the leather portions do not impart the
      essential character of this jacket."

           Style 29431 is a men's cardigan sweater constructed from 100
      percent silk knit fabric and 100 percent leather suede.  The knit
      fabric contains four stitches per two centimeters measured in the
      horizontal direction.














                                       -2-


           The cardigan has a V-neck, a full-front opening with a five
      button closure, long raglan sleeves with rib knit cuffs, a rib knit
      waistband, two patch pockets at the waist, and an inset pocket on the
      left chest.  The three pockets are secured by buttoned flaps.

           The knit portions of style 29431 include the entire back panel,
      the raglan sleeves, the front placket forming the V-neckline, and the
      rib knit cuffs and waistband.  The leather suede portions of the
      garment include the two front panels, the patch pockets, and the
      pocket flaps.

           You assert that the leather portions of style M3036 and style
      29431 impart the essential character for the garments, and that both
      garments should be classified as leather wearing apparel in
      subheading 4203.10.40, HTSUSA.  The garments will be imported from
      Hong Kong.

      ISSUE:

           Is the essential character of styles M3036 and 29431 imparted by
      the textile or leather portions of the garments?

      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.















                                       -3-


           Customs believes that the textile portion of style M3036 exceeds
      60 percent of the visible surface area of the garment.  However,
      since the leather portion forms the entire front of the garment (with
      the exception of a minor portion of the ribbed waistband), classifi-
      cation is to be decided by application of GRI 3(b) or 3(c), as
      appropriate.

           New York Customs was unable to decide which component gave style
      M3036 its essential character.  Therefore, they classified it as a
      textile garment by applying GRI 3(c) which directs classification
      according to the heading which occurs last in numerical order among
      those which equally merit consideration.

           Having examined style M3036, we believe that the decision in
      NYRL 832252 was a reasonable conclusion at the time.  The ruling was
      issued prior to the issuance of File #084118.  However, in light of
      File #084118, we think the essential character of the garment can be
      determined using the criteria set out in the Memorandum.

           The leather component does not weigh over 50 percent of the
      garment, nor is it valued at more than 10 times the textile
      components.  However, it forms the entire front of the garment
      (except for part of the rib knit waistband) and provides a visual and
      significant effect.  These two factors in combination with the
      additionally consideration that its value is higher than that of the
      textile, albeit not 10 times higher, leads us to decide that the
      essential character is derived from the leather.

           As for style 29431, Customs disagrees with the assertion that
      the entire front of the garment is composed of leather, exclusive of
      trim.  The knit silk placket and waistband are not considered trim.
      Additionally, the raglan sleeve design allows a significant amount of
      the sleeves to appear on the front of the garment.  This design
      decreases the frontal surface area taken up by the front panels.

           Customs believes that the textile portion of style 29431 exceeds
      60 percent of the visible surface area of the garment.  While we
      disagree that the entire front of the garment consists of the leather
      component, we will concede that the leather provides a visual and
      significant decorative effect.  Under these circumstances, classi-
      fication is to be decided by application of GRI 3(b) or 3(c), as
      appropriate.

           Style 29431 is basically a men's sweater, and we believe
      consumers will view it as such.  After examining it, we believe that
      due to the preponderance of textile and the styling of the garment,
      the essential character of style 29431 is derived from the textile
      component.  













                                       -4-


      HOLDING:

           NYRL 832252 of November 18, 1988, classifying style M3036 as a
      wool jacket in subheading 6201.91.2010, HTSUSA, is revoked.  The
      garment is classifiable as a leather jacket in subheading
      4203.10.4030, HTSUSA.  It is dutiable at 6 percent ad valorem.

           Style 29431 is properly classified as a men's silk sweater,
      containing 70 percent or more by weight of silk or silk waste, in
      subheading 6110.90.0016, dutiable at 6 percent ad valorem.

           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





































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins