HQ 954114: Classification of two women's upper body garments, style S/214194 (long sleeve button-front cardigan) and style S/214193 (short sleeve crew neck pullover); garments made with metalized yarns

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 954114 

                        October 21, 1993

CLA-2 CO:R:C:T 954114 CMR

CATEGORY: Classification

TARIFF NO: 6110.30.3020

Mr. Joel Lester
KNITASTIKS
1411 Broadway
New York, N.Y. 10018

RE: Classification of two women's upper body garments, style
    S/214194 (long sleeve button-front cardigan) and style
    S/214193 (short sleeve crew neck pullover); garments made    
     with metalized yarns

Dear Mr. Lester:

     This is in response to your requests of April 2, 1993,
regarding the classification of two styles of women's upper body
garments, i.e, style S/214194 and S/214193, to be imported from
Hong Kong.  Rather than issuing separate rulings, we will address
the classification of both garments herein.

FACTS: 

     Style S/214194 is a knit long sleeve cardigan style garment
with a full front opening featuring a deep V-neckline and a five
button closure.  The garment features rib knit cuffs, a tubular
knit bottom, and two front pockets below the waistline.  You state
that the garment is constructed of 90 percent rayon/10 percent
polyester fibers and contains more than 9 stitches per 2
centimeters.

     Style S/214193 is a knit pullover garment with a round, capped
neckline and short sleeves.  The sleeves and the bottom of the
garment are finished with tubular knitting.  You state that the
garment is constructed of 90 percent rayon/10 percent polyester
fibers and contains more than 9 stitches per 2 centimeters.

     A visual examination of the garments reveals that each
contains metalized yarns.  Both garments were examined and tested
by Customs Office of Laboratory and Scientific Services.  The
results of the tests which were performed reveal that the  -2-


garments are constructed using a plated jersey stitch.  This
construction consists of four multifilament beige rayon yarns on
the technical back side and three two-ply metalized yarns of gold
man-made metalized strip and white polyester multifilament on the
technical face side.  Style S/214194 consists of 77 percent rayon,
15 percent polyester (ply of metalized yarn) and 8 percent
metalized strip (ply of metalized yarn).  The sample contains 9.4
horizontal stitches per 2 centimeters.  Style S/214193 consists of
76 percent rayon, 16 percent polyester (ply of metalized yarn) and
8 percent metalized strip (ply of metalized yarn).  The sample
contains 9.2 horizontal stitches per 2 centimeters.

ISSUE:

     What is the classification of the garments at issue?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs).  GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."

     Note 2 of Section XI provides, in relevant part:

     (A) Goods classifiable in chapters 50 to 55 or in heading 5809
     or 5902 and of a mixture of two or more textile materials are
     to be classified as if consisting wholly of that one textile
     material which predominates by weight over each other single
     material.

     When no one textile material predominates by weight, the goods
     are to be classified as if consisting wholly of that one
     textile material which is covered by the heading which occurs
     last in numerical order among those which equally merit
     consideration.

     (B) For the purposes of the above rule:
          (a) .  .  .  metalized yarn (heading 5605)are to be
          treated as a single textile material the weight of which
          is to taken as the aggregate of the weights of its
          components; .  .  .;

                 *              *              *

     Subheading Note 2 of Section XI provides, in relevant part:

     (A) Products of chapters 56 to 63 containing two or more
     textile materials are to be regarded as consisting wholly of -3-


     that textile material which would be selected under note 2 to
     this section for the classification of a product of chapters
     50 to 55 consisting of the same textile materials.

     (B) For the application of this rule:
          (a) Where appropriate, only the part which determines
          the classification under general interpretative rule 3
          shall be taken into account

                 *              *              *

     As stated in the FACTS portion of this ruling, the garments
at issue are constructed of four rayon yarns and three two-ply
metalized yarns.  Per the laboratory test results, style S/214194
consists of 77 percent rayon yarns and 23 percent metalized yarns;
style S/214193 consists of 76 percent rayon yarns and 24 percent
metalized yarns.

     Following the notes cited above, both garments are
classifiable as if consisting wholly of rayon as that is the
textile material which predominates by weight.

     Statistical Note 3 to Chapter 61 defines "sweaters" for the
purpose of classification at the statistical level.  Sweaters are 
defined therein as including "garments, whether or not known as
pullovers, vests or cardigans, the outer surfaces of which are
constructed essentially with 9 or fewer stitches per 2 centimeters
measured in the horizontal direction."  Style S/214194 has 9.4
stitches per 2 centimeters and style S/214193 has 9.2 stitches per
centimeters.  In our view, the garments therefore consist of
essentially 9 or fewer stitches.  For the purpose of counting
stitches, Customs counts essentially whole stitches within the
designated area, i.e., within the 2 centimeter measurement.  The
garments at issue meet the statistical definition for sweaters.

HOLDING:

     The garments at issue, styles S/214194 and S/214193, are
classifiable as women's sweaters of man-made fibers in subheading
6110.30.3020, HTSUSA, textile category 646, dutiable at 34.2
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      -4-


suggest you check, close to the time of shipment, the Status 
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection 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