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HQ 953611


June 15, 1993

CLA-2 CO:R:C:T 953611 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030

Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W., ste. 475
Washington, D.C. 20036

RE: Classification of women's knitted wool cardigan sweater; 6110.10.2030, HTSUSA.

Dear Mr. Lai:

This is in response to your letter of March 9, 1993, on behalf of The Limited Stores, Inc., requesting a binding classification ruling for a women's knitted wool upper body garment. A sample of the garment was submitted for Customs' examination and will be returned to you under separate cover.

FACTS:

The submitted sample, referenced style 9309, is a women's knitted wool upper body garment. The garment has a full-front zippered opening that extends from the mock turtleneck to the garment's hip-length bottom and two slant pockets situated below the waist. The garment is intended for wear over other wearing apparel.

In your submission to this office you state that the garment is constructed with fifteen stitches per two centimeters measured in the horizontal direction. An analysis performed by the Customs Service yields the finding the garment possesses seven stitches per two centimeters measured in the horizontal direction.

ISSUE:

Whether the garment at issue is a sweater, classifiable under heading 6110 of the Harmonized Tariff Schedule of the United States Annotated (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.

Statistical Note 3 to Chapter 61, HTSUSA, states that for purposes of this chapter, the "statistical provisions for sweaters include garments... the outer surface of which are constructed essentially with nine or fewer stitches per two centimeters measured in the horizontal direction." Therefore, the determinative issue is whether the subject garment meets this prerequisite for classification as a sweater in Chapter 61, or whether it is precluded from classification as such because, as set forth in your submission, it is constructed from fifteen stitches per centimeter measured in the horizontal direction.

The fabric comprising style 9309 is a double knit fabric consisting of two sides of knitted fabric joined together by knitting technology to give the appearance of twice knitted fabric. It is more dimensionally stable than single jersey fabric and its main purpose for use in sweater knits is to give more bulk to a sweater and extra warmth to the wearer. For purposes of Statistical Note 3, Chapter 61, HTSUSA, only one side of double knit fabric is counted in order to determine the stitch count of a garment. Using this method, our examination of the subject garment at headquarters yielded the finding that the garment at issue is constructed from seven stitches per two centimeters measured in the horizontal direction.

We further note that the hangtag on the sample references a 6-digit number that is similar to those numbers used in Customs' binding ruling program. Customs discovered that this number, 882046, was assigned to a District Ruling Letter issued to The Limited by the Charleston, South Carolina District Director on January 28, 1993. In that ruling, style 9309 was described as a garment featuring "a full-front opening with a zipper closure, mock ribbed neck, long sleeves, and slant pockets below the waist," and was classified as a woman's knitted wool sweater under subheading 6110.10.2030, HTSUSA, with an attendant quota category of 446. Moreover, in the original inquiry to Customs from The Limited concerning style 9309, dated January 12, 1993, the garment was specifically referred to by the import coordinator as a "sweater" constructed with a stitch count of seven stitches per two centimeters measured in the horizontal direction. This corroborates Customs' findings and we deem this to be the accurate stitch count.

The garment at issue possesses the overall appearance of a cardigan and meets the prerequisite for classification as such in Statistical Note 3 to Chapter 61 which mandates that sweaters be constructed from less than nine stitches per two centimeters measured in the horizontal direction. Accordingly, classification of style 9309 is proper under heading 6110, HTSUSA, which provides for, in pertinent part, knitted or crocheted sweaters.

HOLDING:

Style 9309 is classifiable under subheading 6110.10.2030, HTSUSA, which provides for "sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool: other... sweaters: women's." The applicable rate of duty is 17 percent ad valorem and the textile quota category is 446.

The designated textile and apparel categories 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 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

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