us-cbp-cross-rulings-hq-084079•HQ 084079: Classification of a men's suede and acrylic knit jacket
HQ 084079: Classification of a men's suede and acrylic knit jacket
us-cbp-cross-rulings-hq-084079HQ 084079: Classification of a men's suede and acrylic knit jacketGuidance
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 084079
June 26, 1989
CLA-2 CO:R:C:G 084079 CMR 837535
CATEGORY: Classification
TARIFF NO.: 4203.10.4030
Duncan Nixon, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, New York 10004
RE: Classification of a men's suede and acrylic knit jacket
Dear Mr. Nixon:
This ruling is in response to your letter of February 27, 1989,
on behalf of your client, Sutton and Sutton Incorporated, requesting
the classification of a men's suede and acrylic knit jacket to be
imported from Taiwan or Korea.
FACTS:
The garment at issue, model #LF 300, is a men's suede and 100
percent acrylic knit jacket. The acrylic fabric is one by one rib
knit containing 12 stitches per 2 centimeters counted in the
horizontal direction. The garment has long, set-in sleeves with rib
knit cuffs; a full-front, zippered opening; a spread collar; two
vertical entry, inset pockets at the waist; 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; a two and one-half inch wide insert on the waistband
at each side of the front zipper; and a one-inch wide suede strip
edging on the collar. The suede front panels, shoulder yoke, and in-
set pockets are lined with woven fabric.
The knit portions of the garment consist of the long sleeves,
the back panel beneath the shoulder yoke, the spread collar, and the
rib knit waistband.
ISSUE:
Is the garment at issue, model #LF 300, classifiable as a
textile or leather garment?
-2-
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 garment, while it appears the
textile component may comprise 60 percent or more of the visible
surface area, nearly the entire front of the 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.
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:
Style #LF 300, 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
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