United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0080947 - HQ 0081405 > HQ 0081396

Previous Ruling Next Ruling


HQ 081396


November 30, 1988

CLA-2 CO:R:C:G 081396 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080

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.

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

Previous Ruling Next Ruling

See also: