CLA-2:CO:R:C:G 087036 DRR
Mrs. Doreen Wai, Second Secretary
Hong Kong Economic & Trade Affairs
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036
Re: Classification of women's wool knit garment
Dear Mrs. Wai:
This is in reference to your letter dated April 20, 1990,
requesting, on behalf of Nordstrom, Inc., the classification of
a women's 100 percent wool knit garment under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue is represented by a sample of a
women's 100 percent wool knit cardigan garment. The fabric has
a stitch count of more than 9 stitches per 2 centimeters when
measured in the horizontal direction. The garment has a full
front double-breasted opening, lapels with a notched collar and
long sleeves with ribbed knit cuffs. It has two patch pockets
below the waist and inside shoulder pads. The garment extends
from the neck and shoulders to the hips. The body of the
garment is made from one continuous panel of fabric. It is
intended to be worn over another outer garment, such as a shirt
or blouse. In your letter you state that you believe that the
garment is properly classified in category 435 for quota
purposes.
ISSUE:
Whether the garments at issue are classifiable under
subheading 6110.10.2080, HTSUSA, textile visa category 438.
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI),
taken in order. GRI 1 provides that classification shall be
according to the terms of the headings and any relative section
or chapter notes.
In order for the garments at issue to be subject to
category 435, they must be classified in either in Heading
6104, HTSUSA, which provides for suit-type jackets or Heading
6102, HTSUSA, which provides for women's knit overcoats, car
coats, capes, cloaks, anoraks (including ski-jackets),
windbreakers and similar articles.
The Explanatory Notes to the HTSUSA may be consulted for
guidance as to the correct international interpretation of the
various HTSUSA provisions. The Explanatory Notes for Heading
6103, which apply mutatis mutandis to Heading 6104, state that
the garment must have at least four panels to qualify as a suit
jacket and at least three panels to qualify as a suit-type
jacket. The garment in question is excluded from Heading 6104
because of the continuous panel styling.
The Explanatory Notes to Heading 6102 state only that the
garments classified in that heading are generally worn over
other clothing for protection against the weather. However,
the subject garment is not necessarily classifiable under
heading 6102 simply because it is worn over other outer
garments. Sweaters and other sweater-type garments are also
worn over other clothing. The garment exhibits characteristics
of a sweater or sweater-type garment. The knit fabric and
single panel design provide a great deal of elasticity, which
is more typical of a sweater, rather than a jacket. The
article is therefore more specifically provided for as a
sweater or similar garment. A similar garment was classified
as a sweater-like garment in Headquarters Ruling Letter (HRL)
082943, dated November 29, 1988.
HOLDING:
The garment at issue is classified under subheading
6110.10.2080, HTSUSA, as sweaters...and similar articles,
knitted or crocheted, of wool, other, other, women's, with a
duty rate of 17 percent ad valorem and subject to quota
category 438.
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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 renegotiations and
changes, to obtain the most current information available, we
suggest that the importer 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
available for inspection at the local Customs office.
Your sample is being returned to you, as requested.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: A.D., N.Y. Seaport
rimmer library/peh
087036