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