HQ 083735: Reconsideration of NYRL 834150 of January 10, 1989

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 083735 

                         April 7, 1989

CLA-2 CO:R:C:G  083735  CMR  

CATEGORY: Classification

TARIFF NO: 6110.10.1060

Mr. Jack Fok
U.S.A. Peninsula, Inc.
1410 Broadway Suite 301
New York, New York 10018

RE: Reconsideration of NYRL 834150 of January 10, 1989

Dear Mr. Fok:

     This ruling is in response to your letter of February 3, 1989,
requesting reconsideration of NYRL 834150 involving the
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) of two women's knit pullover garments
from Hong Kong.  Two samples were received with your request.

FACTS:

     The submitted samples are two women's knit pullover garments
of 100 percent cashmere fibers.  Both garments are constructed with
jersey knit fabric that consists of more than 9 stitches per 2
centimeters measured in the horizontal direction.  Neither style is
identified by a style number.

     The first style has a turtleneck, long sleeves with ribbed
cuffs, and a pronounced ribbed waistband.  The second style has a
mock turtleneck, a five button side opening extending from the neck
along the left shoulder to the arm, long sleeves with ribbed cuffs,
and a pronounced rib waistband.

     NYRL 834150 classified both garments as women's cashmere
sweaters in subheading 6110.10.1020, HTSUSA, textile category 446,
dutiable at 7.5 percent ad valorem.

ISSUE:

     Are the garments at issue properly classified as women's
cashmere sweaters in subheading 6110.10.1020, HTSUSA, in NYRL  -2-


834150, or should they be reclassified in subheading 6110.10.1060,
HTSUSA, which provides for women's or girls' knitted cashmere
pullovers?

LAW AND ANALYSIS:

     The classification decision in NYRL 834150 was based on a
belief that the garments at issue were made of fabric with less
than 9 stitches per 2 centimeters measured in the horizontal
direction.  Upon re-examination of the submitted samples, our
National Import Specialist in New York reports that the garments
actually contain more than 9 stitches per 2 centimeters, and
therefore cannot be classified as sweaters following Statistical
Note 3, Chapter 61, HTSUSA.  That note provides in pertinent part
that for purposes of Chapter 61, "statistical provisions for
sweaters include garments, whether or not known as pullovers, vests
or cardigans, which are constructed essentially with 9 or fewer
stitches per 2 centimeters measured in the horizontal direction."

HOLDING:

     Upon examination of the submitted samples, this office agrees
with the conclusion reached by our National Import Specialist that
the submitted garments contain more than 9 stitches per 2
centimeters measured in the horizontal direction, and therefore are
precluded from classification as sweaters in 6110.10.1020, HTSUSA.

     The submitted samples are classifiable in subheading
6110.10.1060, HTSUSA, which provides for women's or girls' knitted
cashmere pullovers.  These garments fall in textile category 438
and are dutiable at 7.5 percent ad valorem.  New York Ruling Letter
834150 is modified accordingly.

     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