CLA-2 CO:R:C:G 081396 PR
Alexander W. Sierck, Esquire
Beveridge & Diamond, P.C.
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036
RE: Classification of a wool knit garment
Dear Mr. Sierck:
This is in reply to your letter of December 2, 1988, on
behalf of USA Peninsula, Inc., concerning the classification
of a certain garment.
FACTS:
The submitted sample is a knit long sleeve crew-neck
pullover garment, labelled to be wholly lambs wool. It has
rib-knit cuffs, waistband, and neck opening, and is stated to
be a 14 gauge women's knit blouse. Since there is nothing on
the garment to indicate the sex of the intended wearer, for
the purposes of this ruling we will assume that the garment is
intended for wear by women. The garment is indicated to be a
product of Hong Kong.
ISSUE:
The issue presented is whether the sample garment is
classifiable under a heading which provides for sweaters and
similar articles, or under a heading which covers other
knitted garments.
LAW AND ANALYSIS:
Women's knit shirts and blouses are provided for under
Heading 6106, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). However, Note 4 of Chapter 61, HTSUSA,
states that Heading 6106 does not include garments with ribbed
waistbands or garments having an average of less than 10
stitches per linear centimeter in each direction. The sample
is precluded from classification in Heading 6106 for both
reasons.
- 2 -
Heading 6110 specifically provides for "Sweaters,
pullovers * * * and similar articles, knitted or crocheted."
The sample appears to this office to belong to a class of
apparel that is commonly and commercially considered to be
sweaters. In this regard, Statistical Note 3, Chapter 61,
Section XI, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), defines sweaters as follows:
For the purposes of this chapter, statistical provisions
for sweaters include garments, whether or not known as
pullovers, vests or cardigans, which are constructed
essentially with 9 or fewer stitches per 2 centimeters
measured in the horizontal direction. (emphasis added)
The garment is not a "sweater", as that term is defined by
Statistical Note 3, because a 14-gauge knit exceeds the
criterion of "9 or fewer stitches per 2 centimeters."
However, that definition is applicable only when determining
the proper statistical annotation (ninth and tenth digits of
the classification). The sample falls clearly within the
description of Heading 6110, as a sweater, pullover, or
similar garment. Accordingly, the classification of the
instant garment is governed by GRI 1 (in accordance with the
terms of the headings and any relevant section or chapter
notes) and the garment is classifiable under Heading 6110.
HOLDING:
The submitted sample is classifiable under the provision
for other women's wool sweaters, pullovers, and similar
garments, in Subheading 6110.10.2080. The applicable apparel
restraint category is 438. This classification represents the
present position of the Customs Service under the HTSUSA. If
there are changes before the effective date of January 1,
1989, this advice may not continue to be applicable. 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