HQ 083893: Reconsideration of NYRL 834651 of January 20, 1989

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 083893

                                  May 17, 1989


      CLA-2 CO:R:C:G  083893  CMR

      CATEGORY: Classification

      TARIFF NO.: 4203.10.4030

      John Hult
      SCOPE IMPORTS, INC.
      350 Fifth Ave.
      Suite 3205
      New York, New York  10118

      RE: Reconsideration of NYRL 834651 of January 20, 1989

      Dear Mr. Hult:

           This ruling is in response to your letter of February 2, 1989,
      requesting reconsideration of NYRL 834651 in which a men's leather
      and knit acrylic jacket was classified as a textile garment subject
      to quota and visa restraints.

      FACTS:

           The sample submitted for consideration in NYRL 834651 was a
      men's jacket, style MMD3, made of knit acrylic fabric and cow split
      suede.  The front of the jacket and a five inch strip across the
      shoulders were leather.  The rest of the back, the sleeves, and most
      of the collar were of knit textile.  It was indicated that the
      garment was 55 percent leather and 45 percent man-made fibers by
      weight.

           The jacket was classified as a knit jacket in subheading
      6101.30.1010, HTSUSA, which provides for men's or boys' overcoats,
      carcoats, etc., and similar articles, other than those of heading
      6103, knit or crocheted, of man-made fibers, containing 25 percent or
      more by weight of leather.

           The decision to classify the jacket as a textile garment was
      based on a belief that the essential character was undeterminable and
      therefore, under GRI 3(c), classification would be determined by
      which of the competing headings occurred last in the schedule.













                                       -2-


      ISSUE:

           Was the submitted jacket, style MMD3, properly classified as a
      textile garment in NYRL 834651?

      LAW AND ANALYSIS:

           Determination of essential character is understandably
      difficult.  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.

           Customs believes that the textile portion of style MMD3 exceeds
      60 percent of the visible surface area of the garment.  Since the
      leather portion forms the entire front of the garment (exclusive of
      the rib knit waistband), classification is to be decided by
      application of GRI 3(b) or 3(c), as appropriate.

           New York Customs was unable to decide which component gave style
      MMD3 its essential character.  Therefore, they classified it as a
      textile garment by applying GRI 3(c) which directs classification
      according to the heading which occurs last in numerical order among
      those which equally merit consideration.

           Having reviewed the file and in accordance with File #084118, we
      believe that the essential character is derived from the leather
      component of the jacket.  The leather forms the entire front of the
      jacket (exclusive of the rib knit waistband).  It provides a
      significant visual effect, and is over 50 percent by weight of the
      garment.  Taking these factors into consideration, we believe they
      influence the essential character determination in favor of the
      leather.











                                       -3-


      HOLDING:

           The jacket at issue, style MMD3, is classifiable as a leather
      jacket in subheading 4203.10.4030, HTSUSA, dutiable at 6 percent ad
      valorem.

           NYRL 834651 of January 20, 1989, is hereby revoked in its
      entirety.  This action is taken is accordance with 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