CLA-2 CO:R:C:T 089176 CMR
Mr. Tommy Lai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036
RE: Classification of a women's knit/woven sleeveless pullover;
Modification of NYRL 859422 of January 25, 1991; essential
character; heading 6211, HTSUSA; Your Reference Case #4/91
Dear Mr. Lai:
This ruling is in response to your letter of April 11, 1991,
on behalf of Sideffects, Inc., requesting this office review the
classification of a women's knit and woven sleeveless pullover
garment, style P3138/P180, entered through the port of Los
Angeles in accordance with NYRL 859422 of January 25, 1991. A
sample was received with your letter and will be returned under
separate cover.
FACTS:
Style P3138/P180 is a women's sleeveless pullover made of
knit and woven fabrics. The garment extends from the top of the
bust to just below the waist. It is constructed with a front
knit panel making up the majority of the front of the garment,
including the bottom half of the armholes. A three-inch woven
panel is attached to the top of the knit panel. The woven panel
forms the top of the front of the garment and extends straight
across the top of the bust. The back panel is of woven fabric
and is connected to the front by two two-inch wide woven straps.
The garment features a five-inch wide pronounce rib knit
waistband and metal ornamental rings connected by chains on the
front woven panel.
The knit and woven fabrics consist of 55 percent ramie/45
percent cotton fibers. The importer indicated in his earlier
ruling request that the surface area breakdown of the fabrics is
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52 percent woven and 48 percent knit. The weight ratio is
indicated to be 30 percent woven and 70 percent knit and it
appears the knit fabric is approximately double the cost of the
woven fabric.
In NYRL 859422, this garment was classified in subheading
6211.49.0090, HTSUSA, which provides for other garments of other
textile materials, other.
ISSUE:
Was style P3138/P180 correctly classified in NYRL 859422?
LAW AND ANALYSIS:
The garment at issue, style P3138/P180, was classified as a
woven garment in NYRL 859422 by application of General Rule of
Interpretation 3(c) of the Harmonized Tariff Schedule. This
means it was decided that the portion of the garment which
imparted its essential character, the knit fabric or the woven
fabric, could not be determined and therefore, the garment would
be classified according to the heading which appears last in the
schedule from among those which merited consideration.
There appears to be no disagreement that the garment was
correctly classified as a woven garment, as opposed to a knit
garment. The issue is whether the garment is classifiable as a
blouse.
Customs has previously ruled on pullover garments with
straps, i.e., tank-style pullovers. See, HRL 087034 of July 31,
1990, and HRL 087530 of November 9, 1990. In those rulings, due
to the presence of straps and limited shoulder coverage
classification as blouses was rejected. This is a similarly
styled garment and therefore, classification as a woman's blouse
in heading 6206, HTSUSA, is precluded. The garment is
classifiable as an other garment in heading 6211, HTSUSA.
NYRL 859422 classified the garment in heading 6211, HTSUSA,
however, classification at the statistical level was in the
statistical breakout for other. This was incorrect.
A statistical breakout for blouses, shirts and shirt-
blouses, sleeveless tank styles and similar upper body garments
excluded from heading 6206 appears under subheading 6211.49.00,
HTSUSA. This statistical breakout is the correct classification
at the statistical level for the subject garment.
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HOLDING:
Pursuant to 19 CFR 177.9(d), NYRL 859422 is hereby modified
to reflect that the correct classification of style P3138/P180 is
as an other garment in subheading 6211.49.0060, HTSUSA, textile
category 840, dutiable at 7.8 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division