HQ 958860

CLA-2 RR:TC:TE 958860 RH

Gail T. Cumins, Esq.
Sharretts, Paley Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, NY 10004

Re: Request for Reconsideration of NY 816531; Beach Coverup; subheading 6108.91.0030; Pullover; subheading 6110.20.2075; Dress; subheading 6104.42.0010

Dear Ms. Cumins:

This is in reply to your letter of January 10, 1996, and the letter from your colleague, Duncan Nixon, dated September 1, 1996, on behalf of your client, Warnaco, Inc. You request reconsideration of NY 816531, dated December 1, 1995, which classified the merchandise in question as a pullover under subheading 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). You submitted a sample to aid us in our determination.

FACTS:

The merchandise under consideration is a women's short-sleeved, mid-thigh length, terry cloth garment, style number 492940. It is described in your letter as follows:

[A] ladies' beach coverup composed of 100 percent cotton terry cloth knit fabric. This short-sleeved garment, which reaches to the mid-thigh or below, is designed to fit closely on the upper portion of the body and loosely with an A-line construction below the waist. The garment features two lower unsecured side seam slash pockets, two slits at the bottom of each side seam, and a hemmed bottom. This garment is designed to be worn as a beach coverup. - 2 -

Another important design feature of the garment is the plain jersey knit fabric from the neck to the top of the chest, and including the short sleeves. This portion of the garment has dime-size holes punched throughout in a pattern of successive diagonal rows. Moreover, we believe the entire garment is loose fitting.

The garment was initially classified in NY 816531 as a pullover under subheading 6110.20.2075. You contend that the garment's length precludes it from classification in that subheading and, you claim it is properly classified as a dress under subheading 6104.42.0010. Alternatively, you claim it is classifiable as a beach robe in subheading 6108.91.0030.

ISSUE:

What is the proper classification of the garment in question?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in their appropriate order.

We disagree with your claim that the garment in question is precluded from classification in heading 6110 as a pullover because it extends below the upper body region. The Explanatory Notes (EN) to heading 6110 describe pullovers as articles "designed to cover the upper part of the body." The Textile Category Guidelines, CIE 13/88 (November 23, 1988) which serve as a guide in applying the provisions of the tariff, state that heading 6110 includes: garments commercially known as cardigans, sweaters, pullovers, sweater vests, etc. They cover the upper body from the neck or shoulders to the waist or below (as far as the mid-thigh area). Headquarters Ruling Letter (HQ) 089999, dated October 24, 1991, and HQ 088552, dated May 10, 1991. This garment, worn by a small to a medium build woman, would not extend past the thigh area and is, therefore, not precluded from classification as a pullover.

Although this garment possesses characteristics of a pullover, it is more akin to a beach coverup, as you alternatively claim. Subheading 6108.91.0030 provides, in part, for "Women's or girls' . . . bathrobes . . . and similar articles knitted or crocheted." The EN to heading 6108 provides that bathrobes include beach robes. This garment is similar to the beach coverup in HQ 088266, dated March 22, 1991, which you cite in your submission. Like the beach coverup in that case, your garment is loose-fitting, reaches to - 3 -

mid-thigh, has short sleeves, is composed of absorbent terry cloth cotton fabric and has a loose casual design typical of beach coverups. Moreover, you state in your January letter that the garment is marketed and sold as a beach coverup and its principal use will be as such. We asked Duncan Nixon of your firm to verify this information, and he supplied us with a copy of a purchase order issued by Walmart's swimwear department. It describes the garment as a "swim coverup." You state that this was a one time item made only for Walmart and, therefore, no advertising material is available. While we recognize that this information may be self-serving, Customs may consider such assertions together with the general styling and characteristics of the garment in question.

Finally, we disagree with your contention that the garment is a dress under subheading 6104.42.0010. The garment in question is similar to the dress in HRL 953907, dated July 29, 1993, which you also cite in your letter, only in that it is loose fitting and casual. Unlike your garment, however, that dress had long sleeves with rib knit cuffs, a mock turtleneck, and a loose unconstricted design intended to appear oversized.

Based on the foregoing, in conjunction with our examination of the sample, we are convinced that the garment in question is the class and kind of garment commonly known as a beach coverup. It is, therefore, classifiable under subheading 6108.91.0030.

HOLDING:

The classification of the beach coverup, style number 492940, is under subheading 6108.91,0030, HTSUSA, which provides for "Women's or girls' . . . bathrobes . . . and similar articles knitted or crocheted: Other: Of cotton: Other: Women's." The item is dutiable at the column one general rate of 8.9 percent ad valorem, and the textile category is 350.

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 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 available for inspection at your local Customs office. - 4 -

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durante, Director
Tariff Classification Appeals Division