HQ 955431: Modification of Pre-entry classification (PeC) 889224;garments classified as sweaters must meet the requisite stitchcount; Statistical Note 3 to chapter 61, HTSUSA

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 955431

                            March 16, 1994

CLA-2  CO:R:C:T  955431  jb

CATEGORY:  Classification

TARIFF NO:  6110.30.1560; 6110.30.1520

Ms. Karen Anarumo
Donna Karan
600 Gotham Parkway
Carlstadt, NJ 07072

RE:   Modification of Pre-entry classification (PeC) 889224;
garments classified as sweaters       must meet the requisite stitch
count; Statistical Note 3 to chapter 61, HTSUSA

Dear Ms. Anarumo:

      On August 17, 1993, our New Jersey office issued you Pre-
entry Classification (PeC) 889224, classifying three styles of
women's knit wearing apparel.  Upon further review, that
classification is deemed to be in error and is accordingly
modified.

FACTS:

      The merchandise in question consists of three styles of
women's knit wearing apparel, covering the wearer's upper body from
the neck and shoulder to below the waist:

      1.   Style number 400014A is a long sleeved pullover with a
round, capped         neckline.  It consists of 75 percent rayon and
25 percent wool fibers.  It is             constructed with 2X2 rib
knit fabric that has more than nine stitches per two             
centimeters measured in the horizontal direction.

      2.   Style number 300175A is a women's sleeveless pullover
with a boat neckline.           The pullover features picot edging
at the neck and armhole openings and            beading which is
scattered throughout the fabric.  It consists of 75 percent           
      rayon and 25 percent wool fibers and has a knit fabric
construction of more                  than nine stitches per two
centimeters measured in the horizontal          direction.

      

      3.   Style number 400514A is a sleeveless cardigan, sweater
vest with a V-        neckline and a seven button, full front
opening.  The neckline, armhole            openings, front placket and
bottom are finished with capping.  There are also                two
front pockets below the waist.  It consists of 75 percent rayon and
25         percent wool fibers and has a closely knit open work
fabric construction.  We              will assume the fabric has nine
or fewer stitches per two centimeters           measured in the
horizontal direction as that is the information provided to us        
      by the National Import Specialist  and the count does not
appear to be disputed           by the importer.  The use of
texturized yarns in the construction of the garment              has
made it difficult for this office to verify the stitch count.

      The classification determination issued in PeC 889224 was
based on the characteristics of the garments, and particularly the
stitch count in the fabric construction, provided to the Field
National Import Specialist.  Since that time, it has been brought
to our attention that the stitch counts on which PeC 889224 was
based are incorrect.  Examination of the three samples has revealed
that the accurate stitch counts for the samples are as follows:

      1.   Style number 400014A- more than nine stitches per two
centimeters           measured in the horizontal direction

      2.   Style number 300175A- more than nine stitches per two
centimeters           measured in the horizontal direction

      3.   Style number 400514A- nine or fewer stitches per two
centimeters           measured in the horizontal direction

ISSUE:

      What is the proper classification for the merchandise?

LAW AND ANALYSIS:

      Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 requires that classification be determined
according to the terms of the headings and any relative section or
chapter notes, taken in order.  Where goods cannot be classified
solely on the basis of GRI 1, the remaining GRI will be applied,
in the order of their appearance.

      Chapter 61, HTSUSA, provides for articles of apparel and
clothing accessories, knitted or crocheted.  Statistical Note 3 to
chapter 61, HTSUSA, states:

      


      For purposes of this chapter, statistical provisions for
sweaters include garments,            whether or not known as
pullovers, vests or cardigans, the outer surfaces of which are
      constructed essentially with 9 or fewer stitches per two
centimeters measured in         the horizontal direction.  [Emphasis
added]

      Style numbers 400014A and 300175A have more than nine stitches
per two centimeters measured in the horizontal direction.  As such,
they do not meet the requisite stitch count to qualify them as
sweaters.  Style number 400514A, on the other hand, with 9 or fewer
stitches per two centimeters measured in the horizontal direction,
does meet the requisite stitch count and thus qualifies as a
sweater.

HOLDING:

      The classification of the subject submitted samples is
accordingly modified to reflect the  following:

      Style numbers 400014A and 300175A, pullovers with more than
nine stitches per two centimeters in the horizontal direction, are
classified in subheading 6110.30.1560, HTSUSA, which provides for,
inter alia, women's knitted or crocheted sweaters, pullovers and
similar articles, of man-made fibers, containing 23 percent or more
by weight of wool or fine animal hair.  The applicable rate of duty
remains 17 percent ad valorem.  The textile quota category changes
from 446 to 438.

      Style number 400514A, a sleeveless cardigan sweater vest with
nine or fewer stitches per two centimeters measured in the
horizontal direction, is classified in subheading 6110.30.1520,
HTSUSA, which provides for, inter alia, women's knitted or
crocheted sweaters, of man-made fibers, other, containing 23
percent or more by weight of wool or fine animal hair.  The
applicable rate of duty remains 17 percent ad valorem.  The textile
quota category changes from 459 to 446.

      The designated textile and apparel category may be subdivided
into parts.  If so, 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 negotiations and changes, we suggest that you check, close
to the time of shipment, the Status Report on Current Import Quotas
(Restraint Levels), an issuance of the U.S. Customs Service which
is updated weekly and is available at the local Customs office.

      






      Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) categories, you
should contact the local Customs office prior to importing the
merchandise to determine the current status of any import
restraints or requirements.


                                Sincerely,



                                John Durant, Director