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HQ 089853


October 29, 1991

CLA-2 CO:R:C:T 089853 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Lena Rainbow
American Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: Modification of Preclassification Ruling (PC) 858306-- Classification of Two Sweater-Like Garments

Dear Ms. Rainbow:

This is in response to your letter of February 19, 1991, addressed to our New York office, suggesting different classifications for two of the garments (styles S3061 and S3961) which were the subject of PC 858306 and expressing disagreement with the ruling indicating that a third garment (style S3124) is subject to anti-dumping duties.

The Customs Service is the administrative agency which has been designated to administer the HTSUSA. Therefore, the classification of imported merchandise is a matter properly determined by this agency and our ruling on the garments labeled styles S3061 and S3961 follows. However, the determination of whether specific merchandise is subject to antidumping duties is within the purview of the International Trade Administration of the Department of Commerce. In order to determine with certainty whether the garment labeled style S3124 is subject to an antidumping order, you should address your inquiry concerning that garment to the following address:

Office of Dumping Compliance
Attn: Mr. Horace Jennings
International Trade Administration
Department of Commerce
Washington, D.C. 20230

FACTS:

The garment labeled style S3061 is an acrylic woman's hip- length tubular cable knit pullover with a rib knit mock turtleneck, shoulder pads, short sleeves with rib knit cuffs, and a rib knit bottom. The fabric forming the garment is constructed with over nine stitches per two centimeters measured in the horizontal direction. Style S3061 was classified in PC 858306 under the provision for women's sweaters of man-made fibers, in subheading 6110.30.3020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

The garment labeled style S3961 is a women's plain knit acrylic long sleeve pullover with shoulder pads and a mock turtleneck. It also is constructed with over nine stitches per two centimeters measured in the horizontal direction. Style S3961 was classified in PC 858306 under the provision for other women's or girls' cotton articles similar to sweaters, in subheading 6110.20.2075, HTSUSA.

ISSUE:

The issue presented is whether PC 858306 correctly classified the subject garments.

LAW AND ANALYSIS:

Since the garment labeled Style S3961 is made from acrylic yarns, the classification as a cotton garment is obviously incorrect. We understand that the classification under a cotton provision was made because the phrase "cotton like" appeared on the review sheets and it was assumed that this phrase reflected the fiber content of the garment.

Style S3061 was classified as a sweater. However, Statistical Note 3 to Chapter 61, HTSUSA, where Heading 6110 is located, provides that for the purposes of that chapter, the provisions for sweaters only include garments which are constructed essentially of nine or fewer stitches per two centimeters. Since the fabric comprising the garment labeled style S3061 is constructed with more than 9 stitches per two centimeters, it is not classifiable as a sweater.

HOLDING:

Both garments, styles S3061 and S3961, are classifiable under the provision for women's or girls' garments similar to sweaters, of man-made fibers, in subheading 6110.30.3055, HTSUSA, with duty, as products of Taiwan, at the rate of 34.2 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 639.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to Section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), PC 858306 is modified to reflect the above classification effective with the date of this letter. If, after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you may have with respect to this matter. Any submission you wish to make should be received within 30 days of the date of this letter.

This modification is not retroactive. However, PC 858306 will not be valid for importations of styles S3061 and S3961 arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e. PC 858306 will not be applicable to merchandise previously ordered and arriving in the United States subsequent to this modification). If it can be shown that you relied on PC 858306 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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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