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 0086895 - HQ 0087038 > HQ 0087036

Previous Ruling Next Ruling


HQ 087036


August 24, 1990

CLA-2:CO:R:C:G 087036 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080

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

RE: Classification of women's wool knit garment

Dear Mrs. Wai:

This is in reference to your letter dated April 20, 1990, requesting, on behalf of Nordstrom, Inc., the classification of a women's 100 percent wool knit garment under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by a sample of a women's 100 percent wool knit cardigan garment. The fabric has a stitch count of more than 9 stitches per 2 centimeters when measured in the horizontal direction. The garment has a full front double-breasted opening, lapels with a notched collar and long sleeves with ribbed knit cuffs. It has two patch pockets below the waist and inside shoulder pads. The garment extends from the neck and shoulders to the hips. The body of the garment is made from one continuous panel of fabric. It is intended to be worn over another outer garment, such as a shirt or blouse. In your letter you state that you believe that the garment is properly classified in category 435 for quota purposes.

ISSUE:

Whether the garments at issue are classifiable under subheading 6110.10.2080, HTSUSA, textile visa category 438.

LAW AND ANALYSIS:

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

In order for the garments at issue to be subject to category 435, they must be classified in either in Heading 6104, HTSUSA, which provides for suit-type jackets or Heading 6102, HTSUSA, which provides for women's knit overcoats, car coats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles.

The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes for Heading 6103, which apply mutatis mutandis to Heading 6104, state that the garment must have at least four panels to qualify as a suit jacket and at least three panels to qualify as a suit-type jacket. The garment in question is excluded from Heading 6104 because of the continuous panel styling.

The Explanatory Notes to Heading 6102 state only that the garments classified in that heading are generally worn over other clothing for protection against the weather. However, the subject garment is not necessarily classifiable under heading 6102 simply because it is worn over other outer garments. Sweaters and other sweater-type garments are also worn over other clothing. The garment exhibits characteristics of a sweater or sweater-type garment. The knit fabric and single panel design provide a great deal of elasticity, which is more typical of a sweater, rather than a jacket. The article is therefore more specifically provided for as a sweater or similar garment. A similar garment was classified as a sweater-like garment in Headquarters Ruling Letter (HRL) 082943, dated November 29, 1988.

HOLDING:

The garment at issue is classified under subheading 6110.10.2080, HTSUSA, as sweaters...and similar articles, knitted or crocheted, of wool, other, other, women's, with a duty rate of 17 percent ad valorem and subject to quota category 438.

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 the importer 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 the local Customs office.

Your sample is being returned to you, as requested.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: