HQ 0084757 - Classification of a Knit Garment--Your Case No. HK8/89 - United States International Trade Commision Rulings

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HQ 084757

SEPTEMBER 27,1989

CLA-2 CO:R:C:G 084757 PR

CATEGORY: CLASSIFICATION

TARIFF NO.:

Mrs. Doreen Wai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street N.W., Suite 504
Washington, D.C. 20036

RE: Classification of a Knit Garment--Your Case No. HK8/89

Dear Mrs. Wai:

This is in response to your letter of June 6, 1989, concerning the textile and apparel category applicable to a certain knit garment imported by S.M.L. Sport Ltd. at New York Seaport (Entry No. 523-0117386-1).

The submitted sample is a woman's thigh-length acrylic knit cardigan with long sleeves and a full front opening without closure. It has a shawl collar that extends down each side of the front opening and which widens in the waist area to create pockets with slanted openings. The fabric is a 1 X 1 rib knit construction and has less than nine stitches per two centimeters, measured in the horizontal direction. The garment is intended for wear over other outer garments.

The merchandise was exported from Hong Kong (and entered the United States) in 1988. It was licensed for textile and apparel category 635 (women's and girls' coats). Customs apparently charged the shipment against textile and apparel category 646 (women's and girls' sweaters).

Garments like the sample, imported into the United States prior to January 1, 1989, were classified as coats because of the slant pockets at or below the waist. If the sample garment is representative of the imported merchandise, the shipment should have been charged to textile and apparel coat category 635.

A copy of this letter is being furnished to the Committee for the Implementation of Textile Agreements (CITA). You should contact that office concerning your request for an adjustment to the United States import data for the calender year 1988.

Sincerely,

John Durant, Director

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