HQ 084101: Reconsideration of NYRL 836650 of February 23, 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 084101

                                  July 7, 1989


      CLA-2 CO:R:C:G  084101  CMR  838169

      CATEGORY: Classification

      TARIFF NO.: 6110.30.3020

      Donna Shira, Esq.
      Sharretts, Paley, Carter & Blauvelt, P.C.
      Sixty-seven Broad Street
      New York, New York  10004

      RE: Reconsideration of NYRL 836650 of February 23, 1989

      Dear Ms. Shira:

           This ruling is in response to your letter of March 10, 1989, on
      behalf of T/J Knit Enterprises, Inc., requesting reconsideration of
      NYRL 836650 of February 23, 1989.  In that ruling a women's woven and
      knit cardigan was classified as a woven garment in subheading
      6202.93.5010, HTSUSA, which provides for women's or girls' overcoats,
      carcoats, etc., and similar articles of man-made fibers.

      FACTS:

           The garment at issue, style #571, is a women's long sleeved
      cardigan made of both woven and knit fabrics.  It has permanently
      attached shoulder pads and a full front opening secured by four
      simulated leather plastic buttons.  The sleeve ends, waistband, neck
      and frontal ribbing consist of ribbed knit fabric.  The rear panel
      and sleeves consist of knit fabric.  The front panels consist of
      woven fabric.

           The knit material is made of 86 percent acrylic, 10 percent
      mohair, and 4 percent nylon by weight.  The woven material is made of
      96 percent acrylic and 4 percent mohair by weight.  The stitch count
      of the knit fabric making up the sleeves and rear panel is less than
      9 stitches per 2 centimeters measured in the horizontal direction.

      ISSUE:

           Was style 571, a women's cardigan, correctly classified in NYRL
      836650?












                                       -2-


      LAW AND ANALYSIS:

           Style 571 was incorrectly classified in NYRL 836650.  It is
      apparent from the description of the garment in that ruling that it
      was improperly classified due to a belief that the rear panel and
      sleeves were of woven material.  Upon closer examination, it is clear
      that they are of knit material.

           The two front panels are the only woven portions of the garment.
      The knit portions make up more than 60 percent of the garment.
      Following File #084118 of April 13, 1989 (copy enclosed), which
      established criteria to be applied in the classification of garments
      consisting of different fabrics or of textile and nontextile
      components, we believe this garment is classifiable as a knit
      garment.

      HOLDING:

           The garment at issue, style 571, is classifiable as a women's
      sweater of man-made fibers in subheading 6110.30.3020, HTSUSA,
      textile category 646, dutiable at 34.2 percent ad valorem.

           NYRL 836650 of February 23, 1989, is hereby modified with
      respect to the classification of style 571.  This action is taken in
      accordance with 19 CFR 177.9(d).

           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






















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