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HQ 088424


FEBRUARY 26, 1991

CLA-2 CO:R:C:T 088424 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Cheryl Guerro
Imports Department
Country Miss, Inc.
P.O. Box 769
Easton, Pennsylvania 18044-0769

RE: Classification of a Women's Knit Cardigan-Style Jacket

Dear Ms. Guerro:

This is in reply to your letter of December 3, 1990, in which you requested information concerning the proper textile and apparel category applicable a certain garment.

FACTS:

The submitted sample, Style A 3412, is a woman's knit cardigan-style garment that is referred to as a jacket. It is made from a specialized type of knit terry fabric that provides both warmth and wind resistance. The fabric is 65 percent polyester and
35 percent cotton, and exceeds 9 stitches per 2 centimeters in the horizontal direction. The sample has long sleeves, a hood with a drawstring closure, a waistband, 2 side slant pockets, and a full front opening with button closures. The garment appears designed for wear over other outer garments (e.g. shirts) outside the home .

ISSUE:

The issue presented is whether the garment is classifiable under the provisions for windbreakers and similar garments or under the provisions for sweaters, cardigans, and similar garments.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings and any pertinent section or chapter notes.

In regard to this particular sample, we need go no further than GRI 1 to determine its proper classification.

Both sweaters and jackets are worn over outer garments. While sweaters are worn for warmth, jackets are worn for both warmth and protection from the elements (wind, rain, etc.). The fabric forming the instant garment provides both warmth and wind resistance. In our opinion, garments such as the sample are regularly worn by both men and women for warmth and protection for the wind on cool days and are commonly and commercially known as jackets. As such, they fall within the class of merchandise described by 6102.30.2010, HTSUSA, which provides for other women windbreakers or similar articles, of man-made fibers.

HOLDING:

The submitted sample is classifiable in item 6102.30.2010, HTSUSA, with duty, as a product of Taiwan, at the rate of 30 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 635.

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.

Sincerely,

John Durant, Director

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