HQ 084707: Women's cardigan and vest

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 084707

                                  September 6, 1989

          CLA-2 CO:R:C:G DRR 084707

          CATEGORY: Classification

          TARIFF NO.: 6110.90.4200

          Steven S. Weiser, Esq.
          Siegel, Mandell & Davidson, P.C.
          One Whitehall Street
          New York, New York 10004

          RE: Women's cardigan and vest

          Dear Mr. Weiser:

               This is in reference to your letter dated May 8, 1989,
          requesting the classification of a women's cardigan and vest
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).

          FACTS:

               The merchandise at issue is represented by two samples, a
          women's cardigan and a women's vest.  The women's knit cardigan
          garment has a full front opening with seven buttonholes on the
          front placket.  There were no buttons on the sample submitted.
          The cardigan has a V-neckline, long sleeves with rib knit cuffs
          and a rib knit bottom.  The garment extends from the neck and
          shoulders to the top of the thighs.  Each sleeve has an overlaid
          narrow band of fabric attached around the area of the elbow.  The
          knit fabric covering the forearm has popcorn stitching.  The
          garment is decorated with clusters of metallic bells, chains and
          tassels.

               The body of the garment is comprised of two different knit
          fabrics.  The shoulders and front and back yoke of the garment
          are made of 80 percent cotton/20 percent nylon velour, composed
          of twenty-two stitches per two centimeters, measured
          horizontally.  The lower half of the garment and the sleeves are
          made of 55 percent ramie/45 percent cotton double knit fabric
          composed of eight stitches per two centimeters, measured
          horizontally.  This fabric comprises 83 percent of the garment's
          weight, approximately 66 percent of the surface area and 80
          percent of the value of the garment.
















                                        - 2 -


               The other sample is a women's V-neckline sleeveless vest
          which extends from the shoulders to below the waistline.  It is
          also decorated with bells, chains and tassels.  The fiber content
          and stitch count are the same as for the first sample.  The
          fabrics each account for about 50 percent of the garment, but the
          55 percent ramie/45 percent cotton fabric is of greater weight
          and value.

          ISSUE:

               Whether the garments at issue are classifiable as sweaters
          of other textiles materials.

          LAW AND ANALYSIS:

               Subheading 6110.90.0042, HTSUSA, provides for "Sweaters,
          pullovers...and similar garments knitted...Of other textile
          materials, Sweaters, Women's, Other."

               Pursuant to Note 2 and Subheading Note 2 to Section XI,
          HTSUSA, the classification of garments consisting of different
          fabrics is determined under the General Rules of Interpretation
          (GRI) 3, HTSUSA, and where the selected fabric is composed of
          different textile materials, by the textile material which
          predominates by weight.

               Applying GRI 3(b), it is the 55 percent ramie/45 percent
          cotton fabric which gives the cardigan its essential character.
          The cardigan is also in chief weight ramie.  (See Headquarters
          Ruling 084118 PR, dated April 13, 1989, copy attached.)  The
          cardigan is a sweater for tariff and quota category purposes, in
          light of the fact that the stitch count is less than nine
          stitches per two centimeters.

               The vest, however, has its essential character imparted by
          neither of the component fabrics, in that neither fabric
          comprises 60 percent of the surface area.  The somewhat greater
          weight of the cotton/ramie fabric is not sufficient to impart
          essential character.  Applying GRI 3(c), the vest is properly
          classified under the tariff number which appears last in the
          tariff.  The competing sections are subheading 6110.20.20,
          HTSUSA, in chief weight cotton or subheading 6110.90.00, HTSUSA,
          in chief weight ramie.  The vest cannot be classified as a vest
          because it has a stitch count for sweaters.

















                                        - 3 -


          HOLDING:

               Both the women's sweater and vest at issue are classifiable
          under subheading 6110.90.0042, HTSUSA, Sweaters, pullovers...and
          similar garments knitted...Of other textile materials, Sweaters,
          Women's, Other, with a duty rate of 6 percent ad valorem and a
          quota category of 845.

               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

          Enclosures





































          DRRimmer library
          name: 084707