HQ 954334: Women's knit pullover; composed in part of metallic yarn; Legal Note 2(A) and 2(B) to Section XI, HTSUSA; classification based on textile material which predominates by weight; subheading 6110.90.0042, HTSUSA

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 954334

                        October 20, 1993


CLA-2  CO:R:C:T  954334  jb

CATEGORY:  Classification

TARIFF NO.:  6110.90.0042

Mr. Patrick Yeung
Paul Alexander
530 Seventh Avenue
New York, N.Y.  10018

RE:  Women's knit pullover; composed in part of metallic yarn; 
     Legal Note 2(A) and 2(B) to Section XI, HTSUSA;
     classification based on textile material which predominates
     by weight; subheading 6110.90.0042, HTSUSA

Dear Mr. Yeung:

     This is in regard to your letter, dated May 13, 1993,
regarding the classification of a woman's knit pullover to be
imported from Hong Kong.  A sample was provided to this office
for examination and will be returned under separate cover.

     The submitted sample, referred to as Style number 32201, is
a women's knit long sleeve pullover sweater.  The sweater
features a round neckline and a variety of decorative stitch
patterns.  You state in your letter that the fiber content of the
sample is 56 percent silk, 31 percent cotton, 9 percent rayon and
4 percent polyester.

ISSUE:

     What is the classification of the woman's knitted pullover? 

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 requires that classification be determined
according to the terms of the headings and any relative section
or chapter notes, taken in order.  Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will
be applied, in the order of their appearance.


     Because the garment at issue is constructed of a combination
of textile materials (silk, cotton, rayon and metallic fibers), a
decision must be made as to which of those materials will be
determinative for classification purposes.

     A fiber analysis completed by our New York Customs
laboratory reports the following fiber content of the garment: 
61.1 percent silk, 26.8 percent cotton, 7.70 percent rayon and
4.4 percent metallic (mylar type).

     A second report completed by our Washington, D.C. laboratory
indicates that the garment is constructed of two, 6-ply yarns
which form each stitch.  Each of the two, 6-ply yarns contains
three, 2-ply yarns, and each of the three, 2-ply yarns are
composed of the following:

PLY                 YARN TYPE             FIBER COMPOSITION

1                   spun                 silk   
                    spun                 cotton

2                   spun                 silk
                    spun                 cotton

3                   multifilament        rayon
                    strip                metallic

     The metallic strips are supported by the multifilament rayon
yarns to add strength during the crocheting operation.  The
three, 2-ply yarns are twisted together to make one, 6-ply yarn. 
Two, 6-ply yarns are crocheted side by side to form each stitch.

     Heading 5605, HTSUSA, provides for inter alia, yarn
consisting of metal plus any textile material, including strips,
obtained by twisting, cabling or gimping, whatever the proportion
of metal present.  The Explanatory Notes to the Harmonized
Commodity Description and Coding System (EN) to heading 5605,
state in pertinent part:

     This heading covers:

     (1)  Yarn consisting of any textile material (including
          monofilament, strip and the like and paper yarn)
          combined with metal thread or strip, whether obtained
          by a process of twisting, cabling or by gimping,
          whatever the proportion of metal present.

                  *             *              *




     (2)  Yarn of any textile material (including monofilament,
          strip and the like, and paper yarn) covered with metal
          by any other process.  This category includes yarn
          covered with metal by electro-deposition, or by giving
          it a coating of adhesive (e.g., gelatin) and then
          sprinkling it with metal powder (e.g., aluminum or
          bronze).

     In the instant case, the construction of each 6-ply yarn is
described in EN(1).  Accordingly, the yarn used in making the
instant garment is a metalized yarn of heading 5605, HTSUSA.

     Statistical Note 3 to chapter 61, HTSUSA, states: 

     For purposes of this chapter, statistical provisions for
     sweaters include 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.

     The submitted garment, based on an analysis completed by our
Washington, D.C. laboratory, has 5 stitches per 2 centimeters in
the horizontal direction.  As such this qualifies as a sweater in
chapter 61, HTSUSA.

     As the sweater at issue is constructed of silk, cotton,
rayon and metalized yarn, a determination must be made as to
whether classification will be controlled by the metalized
component or the remaining components from which the sweater is
constructed.  As the garment is a sweater classifiable in chapter
61, HTSUSA, Subheading Note 2 to Section XI, HTSUSA, provides in
pertinent part:

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

     Legal Note 2(A) and 2(B)(a) to Section XI, HTSUSA, state, in
pertinent 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 textile 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:

          ...metalized yarn (heading 5605) [is] to be treated as
          a single textile material the weight of which is to be
          taken as the aggregate of the weights of its
          components...

     In the submitted sample, the sweater is composed of 61.1
percent silk, 26.8 percent cotton, 7.7 percent rayon and 4.4
percent metallic.  Accordingly, to determine classification
several steps must be followed, as per the Notes in the HTSUSA. 
First, pursuant to Legal Note 2(B)(a) to Section XI, HTSUSA, the
metalized yarn is treated as a single textile material.  Thus,
Legal Note 2(A) to Section XI, HTSUSA, directs that the garment
would be classified as if consisting wholly of metalized yarn.

     Secondly, Legal Note 8 to Section XI, HTSUSA, states that
"...[c]hapters 50 to 55 do not apply to goods of chapters 56 to
59."  Since metallic yarns are classified in chapter 56, HTSUSA,
neither those yarns nor fabric made from them are classified in
chapters 54 or 55 as man-made fiber fabrics.  Thus, the garment
at issue is classifiable under subheading 6110.90.00, HTSUSA,
which provides for sweaters, pullovers, sweatshirts, waistcoats
(vests) and similar articles, knitted or crocheted, of other
textile materials. Thus far this leads us to the eight digit
classification; the statistical level, i.e., at the ten digit
level, has yet to be determined.

     Finally, in determining the classification of these garments
at the statistical level, we are directed to Statistical Note (2)
to Section XI, HTSUSA, which states in pertinent part:

     (a)  The term "subject to cotton restraints" means articles
          in which:

          (i)  The cotton component equals or exceeds 50 percent
               by weight of all the component fibers thereof; or

          (ii) The cotton and any wool, fine animal hair or man-
               made fibers in the aggregate equals or exceeds 50
               percent by weight of all the component fibers
               thereof and the cotton component equals or exceeds
               the weight of each of the wool (including fine
               animal hair) and man-made components.


     (b)  The term "subject to wool restraints" means articles
          not provided for in (a) above and in which the wool
          (including fine animal hair) component exceeds 17
          percent by weight of all the component fibers thereof.

     (c)  The term "subject to man-made fiber restraints" means
          articles not provided for in (a) or (b) above and the
          man-made fiber component, or the man-made fibers and
          any cotton, wool or fine animal hair in the aggregate,
          equals or exceeds 50 percent by weight of all the
          component fibers thereof.

     This note directs that we look to the component fibers of
the sweater in determining the classification at the statistical
level.  The fiber breakdown of the sweater is:

     61.1 percent silk; 26.8 percent cotton; 7.70 percent rayon
     and 4.4 percent metallic

     Pursuant to Statistical Note 2(a)(ii), the sweater does not
meet the requirements which would subject it to either cotton,
wool or man-made fiber restraints.  Accordingly, classification
of the sweater is in subheading 6110.90.0042.

     We note that in classifying the sweater at the eight digit
level, we look to the material composition of the sweater where
the metalized yarn is considered a single textile material for
classification purposes.  However, at the statistical level, the
relevant note dictates that we look at the fiber breakdown of the
garment which requires us to breakdown the metalized yarns into
its core components.  Consequently, at the statistical level, the
subject sweater is in the "other" category.

HOLDING:

     Style number 32201, a woman's knit long sleeve pullover
sweater, is classified in subheading 6110.90.0042, HTSUSA, which
provides for, inter alia, sweaters, knitted or crocheted, of
other textile materials, women's or girls', other, other.  The
applicable rate of duty is 6 percent ad valorem and the quota
category is 845.











     The designated textile and apparel category may be
subdivided into parts.  If so, 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 negotiations and
changes, we suggest that your client check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint
Levels), and issuance of the U.S. Customs Service which is
updated weekly and is available at the local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) categories,
your client should contact the local Customs Office prior to
importing the merchandise to determine the current status of any
import restraints or requirements.




                           Sincerely,




                           John Durant, Director
                           Commercial Rulings Division