CLA-2 CO:R:C:G 084972 CMR
Nordstrom, Inc.
A/P, Import Office
1321 Second Avenue
Seattle, Washington 98101
Attn: Julie White
Import Specialist
RE: Reconsideration of NYRL 842020 of June 12, 1989
Dear Ms. White:
This ruling is in response to your letter of June 16, 1989,
requesting reconsideration of NYRL 842020 in which a women's garment,
style #900, was classified as a suit-type jacket in 6104.32.0000,
HTSUSA.
FACTS:
The garment at issue, style #900, is a women's 100 percent
cotton, double-breasted knit cardigan. The garment is made of one-by
one rib knit fabric which has more than nine stitches per two
centimeters measured in the horizontal direction. The garment has a
full-front opening with a six-button, double-breasted closure. It
has long sleeves without cuffs, two pockets below the waist,
removable shoulder pads, and capping around the neck and front
placket.
The garment will be imported from Hong Kong. Importation will
begin in January 1990.
ISSUE:
Is the garment, style #900, classifiable under heading 6104,
HTSUSA, as a suit-type jacket, or is it classifiable under heading
6110, HTSUSA, as an article similar to a sweater?
-2-
LAW AND ANALYSIS:
In HRL 082943 of November 29, 1988, discussed the definition of
cardigans. Cardigans were defined as follows:
1. A sweater or knitted jacket opening down the front.
Webster's II New Riverside University Dictionary, 1984, at
230. Also, American Heritage Dictionary, Second College
Edition, 1982, at 240.
2. A knitted woolen jacket or sweater, collarless and open in
front. The Random House College Dictionary, 1973, at 203.
3. A sweater style, usually a 3-button coat sweater with either
a V or round neck. There are also cardigan jackets made of
a woolen or worsted fabric. The Modern Textile and Apparel
Dictionary, 1973, at 79. [Bold added]
Additionally, in Mary Picken's The Fashion Dictionary (1973), a
cardigan sweater is defined as:
Unfitted, collarless sweater of knitted material, buttoning in
the front and having long sleeves or no sleeves. Adapted from
jacket of same name.
The definitions of a cardigan serve only to show that a cardigan
may be a sweater, or may be a jacket. Cardigan refers to the styling
of the garment; it is not dispositive as to its classification.
The garment at issue, however, is more similar to a sweater than
a jacket. If the stitches were not quite as fine, i.e. 9 or less
stitches per 2 centimeters, the garment would be classifiable at the
statistical level as a sweater. More importantly, the garment's
fabric and styling are more akin to that of sweaters than of jackets.
The initial impression of the garment is that it is a sweater and
will be worn as such. Therefore, it is properly classified under the
provision for sweaters, pullovers, sweatshirts, waistcoats (vests)
and similar articles, knitted or crocheted, heading 6110, HTSUSA.
HOLDING:
The garment at issue, style #900, is classified as an article
similar to a sweater in subheading 6110.20.2075, HTSUSA, textile
category 339, dutiable at 20.7 percent ad valorem.
Your sample will be returned, as requested, under separate
cover.
-3-
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 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.
This notice to you should be considered a revocation of NYRL
842020 under 19 CFR 177.9(d)(1) (1989). It is not to be applied
retroactively to NYRL 842020 (19 CFR 177.9(d)(2) (1989)) and will
not, therefore, affect the transaction for previous importation of
your merchandise under that ruling. However, for the purposes of
future transactions in merchandise of this type, NYRL 842020 will not
be valid precedent. We recognize that pending transactions may be
adversely affected by this revocation, in that current contracts for
importations arriving at a port subsequent to the release of HRL
084972 will be classified under the new ruling. If such a situation
arises, you may, at your discretion, notify this office and apply for
relief from the binding effects of the new ruling as may be dictated
by the circumstances.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins