HQ 954334

October 20, 1993

CLA-2 CO:R:C:T 954334 jb

CATEGORY: Classification

TARIFF NO.: 6110.90.0042

Mr. Patrick Yeung

Paul Alexander

530 Seventh Avenue

New York, N.Y. 10018

RE: Women\'s knit pullover; composed in part of metallic yarn;

Legal Note 2(A) and 2(B) to Section XI, HTSUSA;

classification based on textile material which predominates

by weight; subheading 6110.90.0042, HTSUSA

Dear Mr. Yeung:

This is in regard to your letter, dated May 13, 1993,

regarding the classification of a woman\'s knit pullover to be

imported from Hong Kong. A sample was provided to this office

for examination and will be returned under separate cover.

The submitted sample, referred to as Style number 32201, is

a women\'s knit long sleeve pullover sweater. The sweater

features a round neckline and a variety of decorative stitch

patterns. You state in your letter that the fiber content of the

sample is 56 percent silk, 31 percent cotton, 9 percent rayon and

4 percent polyester.

ISSUE:

What is the classification of the woman\'s knitted pullover?

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.

Because the garment at issue is constructed of a combination

of textile materials (silk, cotton, rayon and metallic fibers), a

decision must be made as to which of those materials will be

determinative for classification purposes.

A fiber analysis completed by our New York Customs

laboratory reports the following fiber content of the garment:

61.1 percent silk, 26.8 percent cotton, 7.70 percent rayon and

4.4 percent metallic (mylar type).

A second report completed by our Washington, D.C. laboratory

indicates that the garment is constructed of two, 6-ply yarns

which form each stitch. Each of the two, 6-ply yarns contains

three, 2-ply yarns, and each of the three, 2-ply yarns are

composed of the following:

PLY YARN TYPE FIBER COMPOSITION

1 spun silk

spun cotton

2 spun silk

spun cotton

3 multifilament rayon

strip metallic

The metallic strips are supported by the multifilament rayon

yarns to add strength during the crocheting operation. The

three, 2-ply yarns are twisted together to make one, 6-ply yarn.

Two, 6-ply yarns are crocheted side by side to form each stitch.

Heading 5605, HTSUSA, provides for inter alia, yarn

consisting of metal plus any textile material, including strips,

obtained by twisting, cabling or gimping, whatever the proportion

of metal present. The Explanatory Notes to the Harmonized

Commodity Description and Coding System (EN) to heading 5605,

state in pertinent part:

This heading covers:

\(1\) Yarn consisting of any textile material (including

monofilament, strip and the like and paper yarn)

combined with metal thread or strip, whether obtained

by a process of twisting, cabling or by gimping,

whatever the proportion of metal present.

\* \* \*

\(2\) Yarn of any textile material (including monofilament,

strip and the like, and paper yarn) covered with metal

by any other process. This category includes yarn

covered with metal by electro-deposition, or by giving

it a coating of adhesive (e.g., gelatin) and then

sprinkling it with metal powder (e.g., aluminum or

bronze).

In the instant case, the construction of each 6-ply yarn is

described in EN(1). Accordingly, the yarn used in making the

instant garment is a metalized yarn of heading 5605, HTSUSA.

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 2

centimeters measured in the horizontal direction.

The submitted garment, based on an analysis completed by our

Washington, D.C. laboratory, has 5 stitches per 2 centimeters in

the horizontal direction. As such this qualifies as a sweater in

chapter 61, HTSUSA.

As the sweater at issue is constructed of silk, cotton,

rayon and metalized yarn, a determination must be made as to

whether classification will be controlled by the metalized

component or the remaining components from which the sweater is

constructed. As the garment is a sweater classifiable in chapter

61, HTSUSA, Subheading Note 2 to Section XI, HTSUSA, provides in

pertinent part:

\(A\) Products of chapters 56 to 63 containing two or more

textile materials are to be regarded as consisting

wholly of 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.

Legal Note 2(A) and 2(B)(a) to Section XI, HTSUSA, state, in

pertinent 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 textile 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:

\...metalized yarn (heading 5605) \[is\] to be treated as

a single textile material the weight of which is to be

taken as the aggregate of the weights of its

components\...

In the submitted sample, the sweater is composed of 61.1

percent silk, 26.8 percent cotton, 7.7 percent rayon and 4.4

percent metallic. Accordingly, to determine classification

several steps must be followed, as per the Notes in the HTSUSA.

First, pursuant to Legal Note 2(B)(a) to Section XI, HTSUSA, the

metalized yarn is treated as a single textile material. Thus,

Legal Note 2(A) to Section XI, HTSUSA, directs that the garment

would be classified as if consisting wholly of metalized yarn.

Secondly, Legal Note 8 to Section XI, HTSUSA, states that

\"\...\[c\]hapters 50 to 55 do not apply to goods of chapters 56 to

59.\" Since metallic yarns are classified in chapter 56, HTSUSA,

neither those yarns nor fabric made from them are classified in

chapters 54 or 55 as man-made fiber fabrics. Thus, the garment

at issue is classifiable under subheading 6110.90.00, HTSUSA,

which provides for sweaters, pullovers, sweatshirts, waistcoats

(vests) and similar articles, knitted or crocheted, of other

textile materials. Thus far this leads us to the eight digit

classification; the statistical level, i.e., at the ten digit

level, has yet to be determined.

Finally, in determining the classification of these garments

at the statistical level, we are directed to Statistical Note (2)

to Section XI, HTSUSA, which states in pertinent part:

\(a\) The term \"subject to cotton restraints\" means articles

in which:

\(i\) The cotton component equals or exceeds 50 percent

by weight of all the component fibers thereof; or

\(ii\) The cotton and any wool, fine animal hair or man-

made fibers in the aggregate equals or exceeds 50

percent by weight of all the component fibers

thereof and the cotton component equals or exceeds

the weight of each of the wool (including fine

animal hair) and man-made components.

\(b\) The term \"subject to wool restraints\" means articles

not provided for in (a) above and in which the wool

(including fine animal hair) component exceeds 17

percent by weight of all the component fibers thereof.

\(c\) The term \"subject to man-made fiber restraints\" means

articles not provided for in (a) or (b) above and the

man-made fiber component, or the man-made fibers and

any cotton, wool or fine animal hair in the aggregate,

equals or exceeds 50 percent by weight of all the

component fibers thereof.

This note directs that we look to the component fibers of

the sweater in determining the classification at the statistical

level. The fiber breakdown of the sweater is:

61.1 percent silk; 26.8 percent cotton; 7.70 percent rayon

and 4.4 percent metallic

Pursuant to Statistical Note 2(a)(ii), the sweater does not

meet the requirements which would subject it to either cotton,

wool or man-made fiber restraints. Accordingly, classification

of the sweater is in subheading 6110.90.0042.

We note that in classifying the sweater at the eight digit

level, we look to the material composition of the sweater where

the metalized yarn is considered a single textile material for

classification purposes. However, at the statistical level, the

relevant note dictates that we look at the fiber breakdown of the

garment which requires us to breakdown the metalized yarns into

its core components. Consequently, at the statistical level, the

subject sweater is in the \"other\" category.

HOLDING:

Style number 32201, a woman\'s knit long sleeve pullover

sweater, is classified in subheading 6110.90.0042, HTSUSA, which

provides for, inter alia, sweaters, knitted or crocheted, of

other textile materials, women\'s or girls\', other, other. The

applicable rate of duty is 6 percent ad valorem and the quota

category is 845.

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 your client check, close to the time of

shipment, the Status Report on Current Import Quotas (Restraint

Levels), and 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,

your client 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

Commercial Rulings Division