HQ 083982: Reconsideration of NYRL 833310 of November 30, 1988

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 083982

                                  July 18, 1989


      CLA-2 CO:R:C:G  083982  CMR

      CATEGORY: Classification

      TARIFF NO.: 4203.10.4030

      Ms. Carolyn Malina
      Montgomery Ward Importing, Inc.
      Montgomery Ward Plaza 3-A
      Chicago, Illinois 60671

      RE: Reconsideration of NYRL 833310 of November 30, 1988

      Dear Ms. Malina:

           This ruling is in response to your letter of March 20, 1989,
      requesting reconsideration of NYRL 833310 of November 30, 1988, in
      which men's suede and acrylic knit jackets, styles 6613 and 6614,
      were classified as men's knitted jackets of man-made fibers in
      subheading 6101.30.1000, HTSUSA.

      FACTS:

           The garments at issue, styles 6613 and 6614, are men's suede and
      acrylic knit jackets.  Style 6613 is a men's waist-length jacket with
      an outershell of 52.67 percent suede leather and 47.33 percent
      acrylic knit.  The knit fabric is a 100 percent acrylic, one by one
      rib knit containing 10 stitches per 2 centimeters counted in the
      horizontal direction.  The garment has a full front zippered opening;
      a rib knit baseball collar; two vertical entry, inset pockets at the
      waist; long, set-in sleeves with rib knit cuffs; and a rib knit
      waistband.

           The suede portions of the garment consist of the two front
      panels extending from the shoulders to the waistband, the rear
      shoulder yoke, the pocket welting, and a two and one-quarter inch
      wide insert located on the waistband at each side of the front
      zipper.  The suede front panels and shoulder yoke are lined with 100
      percent nylon woven fabric.  The knit portions of the garment consist
      of the long, set-in sleeves with rib knit cuffs; the entire back
      panel below the shoulder yoke; four strips of one-half inch wide
      cable knit fabric on the upper chest in the vertical direction; the
      rib knit baseball collar; and the rib knit waistband.











                                       -2-


           Style 6614 is a men's waist-length jacket similar to style 6613.
      It differs in only a few aspects.  The outershell of style 6614
      consists of 53.89 percent suede leather and 46.1 percent acrylic
      knit.  The knit is 100 percent acrylic, one by one rib knit fabric
      containing 12 stitches per 2 centimeters counted in the horizontal
      direction.  It differs from style 6613 in that style 6614 has a
      spread collar and has a strip of cable knit fabric, approximately one
      inch wide, extending across the mid-chest in the horizontal direction
      instead of the vertical strips of style 6613.

           The garments will be manufactured by Ryukeung in Korea and
      imported through the port of Los Angeles for Montgomery Ward
      Importing, Inc.

      ISSUE:

           Are styles 6613 and 6614 classifiable as leather or textile
      jackets?

      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.

           Applying the above criteria to the garments at issue, while it
      appears the textile components may comprise 60 percent or more of the
      visible surface areas, nearly the entire front of each garment is
      composed of the suede component with the exception of the ribbed knit
      waistband.  The suede provides a significant visual and decorative
      effect, and is over 50 percent by weight of the garment.











                                       -3-


           Taking these factors into consideration in light of the criteria
      set out in File #084118 of April 13, 1989, we believe the essential
      character to be derived from the suede component of each garment.

      HOLDING:

           Styles 6613 and 6614, men's suede and acrylic knit jackets, are
      classifiable as leather jackets in subheading 4203.10.4030, HTSUSA.
      They are dutiable at 6 percent ad valorem.

           NYRL 833310 of November 30, 1988, is hereby revoked pursuant to
      19 CFR 177.9(d).


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division









































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