CLA-2 CO:R:C:G 084166 CMR
Richard Wortman, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York, 10017
RE: Reconsideration of NYRL 835615 of February 3, 1989
Dear Mr. Wortman:
This ruling is in response to your letter of April 7, 1989, on
behalf of your client, Jones New York, requesting reconsideration of
the classification in NYRL 835615 of a knit cardigan, style number
55568, as a suit-type jacket in subheading 6104.33.1000, HTSUSA.
FACTS:
The garment at issue, style 55568, is a long sleeved double
breasted knit cardigan. It is made of 52 percent acrylic/48 percent
lamb's wool double knit fabric. The garment consists of one back
panel and two front panels. It has a full frontal opening secured by
six buttons in a double breast styling, a low V-neck, shoulder pads,
and three patched pockets--one breast pocket and two pockets at or
below the waist. There are approximately ten stitches per two
centimeters measured in the horizontal direction.
ISSUE:
Is the garment, style number 55568, 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?
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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 number 55568, is classified as an
article similar to a sweater in subheading 6110.30.1560, HTSUSA,
textile category 438, dutiable at 17 percent ad valorem.
NYRL 835615 of February 3, 1989, is hereby modified as regards
the classification of style number 55568. This action is taken
pursuant to 19 CFR 177.9(d).
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Your sample will be returned, as requested, under separate
cover.
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
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins