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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

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