HQ 084602: Classification of a knit and suede men'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 084602

                                 August 10, 1989


      CLA-2 CO:R:C:G  084602  CMR

      CATEGORY: Classification

      TARIFF NO.: 4203.10.4030

      Mr. Basil Lindsay
      RRF Industries, Inc.
      34 West 33rd Street
      Room 712
      New York, New York  10001

      RE: Classification of a knit and suede men's garment

      Dear Mr. Lindsay:

           This ruling is in response to your letter of April 13, 1989,
      requesting the classification of a men's suede and acrylic knit
      garment, Haband Style C, made in Taiwan.

      FACTS:

           The garment at issue, Haband Style C, is a men's suede and 100
      percent acrylic knit jacket.  The acrylic fabric is one by one rib
      knit containing 11 stitches per two centimeters counted in the
      horizontal direction.  The garment has a full front opening with a
      zipper closure; a double knit, spread collar with suede trim;
      epaulettes with snap closures on each shoulder; a double welt,
      zippered inset pocket on the left chest; an inside pocket chest
      pocket; two vertical entry, inset pockets at the waist; long, set-in
      sleeves with rib knit cuffs; and a rib knit waistband.

           The suede portions of the garment consist of the two front
      panels extending from the shoulders to the waistband, the rear
      shoulder yoke, the pocket welting, the epaulettes, a one inch wide
      suede strip edging the collar, and a two and one-quarter inch wide
      insert located on the waistband at each side of the front zipper.
      The suede front panels and rear shoulder yoke are lined with woven
      fabric.















                                       -2-


           The knit portions of the garment consist of the long, set-in
      sleeves with rib knit cuffs; the entire back panel below the shoulder
      yoke; the double knit, spread collar; and the rib knit waistband.

      ISSUE:

           Is the garment at issue, Haband Style C, 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 garments at issue, while it
      appears the textile components may comprise 60 percent or more of the
      visible surface areas, nearly the entire front of each garment is
      composed of the suede component with the exception of the ribbed knit
      waistband.  The suede provides a significant visual and decorative
      effect, and is over 50 percent by weight of the garment.





















                                       -3-


           Taking these factors into consideration in light of the criteria
      set out in File #084118 of April 13, 1989, we believe the essential
      character to be derived from the suede component of the garment.

      HOLDING:

           Haband Style C, a men's suede and acrylic knit jacket, is
      classifiable as a leather jacket in subheading 4203.10.4030, HTSUSA.
      It is dutiable at 6 percent ad valorem.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division












































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins