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 0085379 - HQ 0085482 > HQ 0085475

Previous Ruling Next Ruling


HQ 085475


November 22, 1989

CLA-2 CO:R:C:G 085475 CC 838439

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0030

Mr. James Shaw
Associated Merchandising Corporation
50 Terminal Road
Secaucus, N.J. 07096

RE: Reconsideration of NYRL 838439

Dear Mr. Shaw:

This letter is in response to your request for reconsideration of NYRL 838439, dated April 5, 1989, which classified an article of women's knitwear as a coat. A sample was submitted for examination.

FACTS:

The sample at issue, designated as style 1564, is a women's garment that is approximately 48 inches long and is made of knit fabric. It is composed of 65 percent polyester and 35 percent cotton fleece. The garment has a full frontal opening with a zipper closure, two large slash pockets near the waist, long sleeves with turned up cuffs, and a hemmed shirt-tail bottom. The neckline is a rib knit, turtleneck collar. You state that this garment is not intended for outdoor wear and is unsuitable for use as a coat. According to your submissions, it is being sold in sleepwear departments as a robe.

ISSUE:

Whether the sample garment is classifiable as a coat in Heading 6102 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or as a robe in Heading 6108, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6102, HTSUSA, provides for women's coats, among other articles. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, this heading covers a category of knitted or crocheted garments that is generally worn over all other clothing for protection against the weather. Although the sample garment is made of material that is often used for athletic wear, we do not believe that it is the type of article that would be worn outdoors for protection against the weather. Instead, the sample garment appears to be an article of clothing which would be worn indoors over sleepwear or similar clothing. Therefore, the sample garment is classifiable as a robe in Heading 6108, HTSUSA.

HOLDING:

The sample garment is classified in subheading 6108.92.0030, HTSUSA, which provides for women's or girls' bathrobes, knitted or crocheted, other, of man-made fibers, other, women's, textile category 650, and dutiable at the rate of 17 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.

NYRL 838439, dated April 5, 1989, is hereby revoked, pursuant to 19 CFR 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: