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HQ 088259


March 12, 1991

CLA-2 CO:R:C:T 088259 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Mr. Simon Alemazkoor
Esprit de Corp
900 Minnesota Street
San Francisco, CA. 94107

RE: Classification of a women's knit "baseball style" jacket

Dear Mr. Alemazkoor:

This ruling is in response to your letter of November 1, 1990, requesting classification of a women's knit garment, style 56228, referred to as a knit cardigan in your letter. A sample garment was received in this office.

FACTS:

The garment at issue, style 56228, is made from 100 percent cotton "french terry" knit fabric. The garment features a full front heavy-duty zipper opening, two side slant pockets at the waist, long sleeves with rib knit cuffs, a rib knit waistband, and a hood that can be tightened by means of a drawstring.

The garment will be imported in women's sizes, small, medium and large, from Hong Kong. A hangtag attached to the sample garment refers to the garment, in part, as a "hooded baseball jacket."

ISSUE:

Is the garment at issue, style 56228, classifiable under heading 6102, HTSUSA, which provides for, among other things, windbreakers and similar garments, or under heading 6110, HTSUSA, which provides for sweaters, pullovers, sweatshirts, waistcoats (vest) and similar articles?

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, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

In your letter you state your belief that the subject garment is classifiable in heading 6110, HTSUSA, as a cardigan. A cardigan garment may be a sweater-type garment or a jacket. The term cardigan, alone, applied to describe a garment is not determinative of its classification. See, HRL 084166 of August 4, 1989.

The features you describe in your letter, the full-frontal zipper opening, pockets at the waist, rib knit cuffs and waistband, and attached hood with a drawstring, are features generally found on many garments commercially recognized as jackets.

The fabric of the garment at issue is a specialized type of knit terry fabric that provides both warmth and wind resistance. The garment is similar in styling to light weight jackets, such as windbreakers, and is even identified on its hangtag as a "baseball style jacket."

Customs believes the garment at issue will be worn for both warmth and protection against the wind as a jacket and is commercially recognizable as such.

HOLDING:

The garment at issue, style 56228, is classifiable as a women's cotton jacket in subheading 6102.20.0010, HTSUSA, textile category 335, dutiable at 16.9 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office.

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
Commercial Rulings Division

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