HQ 084728: Classification of a knit/suede women's garment

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 084728

                                September 5, 1989


      CLA-2 CO:R:C:G  084728  CMR  840886

      CATEGORY: Classification

      TARIFF NO.: 6110.10.2030

      Mr. Charles Meredino
      Mersant International Ltd.
      158-12 Rockaway Boulevard
      Jamaica, New York  11434

      RE: Classification of a knit/suede women's garment

      Dear Mr. Meredino:

           This ruling is in response to your letter of May 5, 1989, on
      behalf of Ralph Lauren, requesting the classification of a knit and
      suede women's garment, style 7C2HD.  The garment will be imported
      from Hong Kong.

      FACTS:

           The submitted sample, style 7C2HD is a women's garment made of
      suede leather and 100 percent wool knit fabric.  The knit fabric is
      constructed with less than 9 stitches per 2 centimeters measured in
      the horizontal direction.  The garment features sewn in shoulder
      pads, a pointed collar, notched lapels, long sleeves with fold over
      rib knit cuffs, a full front opening with 4 button closures, 2 patch
      pockets below the waist, and a chest patch pocket.  Each pocket is
      designed with a buttoned flap.

           The knit portions of the garment consist of the long sleeves
      with the rib knit cuffs and the entire back panel.  The suede
      portions consist of the two front panels (including the three front
      pockets), the collar, and two suede patches sewn on the back portion
      of the sleeves at the elbows.

           Weight, surface, and value breakdowns submitted by the importer
      indicate that the percentages by weight of knit verses suede is
      57/43; the percentage breakdown for the surface area is 65/35; and
      the percentage breakdown for the relative value is 25/75.  













                                       -2-


      ISSUE:

           Is style 7C2HD classifiable as a textile or leather garment?

      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 garment at issue, while the
      knit textile portion comprises 65 percent of the surface area, the
      entire front of the garment is suede.  Although the suede provides a
      significant visual effect, we believe the knit portion also provides
      a significant visual effect and is in fact more decorative than the
      suede.  The suede portion does not weigh over 50 percent of the
      garment, nor is it valued at more than 10 times the knit component.

           In light of the above observations, we cannot determine which
      component determines the essential character of the garment.  They
      each contribute to the character of the garment; in terms of
      imparting essential character, neither outweighs the other.
      Therefore, classification will be by application of GRI 3(c) which
      means the garment will be classified as a textile garment since the
      textile provision appears after the leather in the tariff schedule.

















                                       -3-


      HOLDING:

           The garment at issue, style 7C2HD, is classified according to
      the knit textile fabric.  Since the knit fabric contains less than 9
      stitches per 2 centimeters, the garment is classified as a women's
      wool sweater in subheading 6110.10.2030, HTSUSA, textile category
      446, dutiable at 17 percent ad valorem.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the 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 renegotiations and changes, to obtain the most current
      information available, we suggest 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 your local Customs office.

           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