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HQ 086974

August 3, 1990

CLA-2 CO:R:C:G 086974 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Ms. Doreen Wai
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036

RE: Women's Knitted Cape

Dear Ms. Wai:

This is in reference to your letter of April 6, 1990, on behalf of Gottex Industries Inc., requesting classification of a women's knitted cape under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA").

FACTS:

The merchandise at issue is a cape which you describe as being "knitted in one continuous rectangular piece". The material is slit on one end, up to the midpoint of the piece, so that it may be draped around the neck to cover the body and shoulders. The fiber content label is no longer present but your letter to the U.S. Department of Commerce dated November 3, 1989, claims that the garment consists of 100 percent cotton fibers. A ruffle of the same material runs along the edge of the entire garment.

The sample will be returned to you under separate cover as requested.

ISSUE:

What is the appropriate classification of a knitted cape under the HTSUSA?

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 the classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6102, HTSUSA, in relevant part, provides for women's or girls' overcoats, carcoats, capes, and similar garments, knitted or crocheted. The Fashion Dictionary, by Mary Brooks Picken, defines "cape" at page 56, as:
a sleeveless outer garment of any length hanging loosely from the shoulders: usually covering back, shoulders and arms.

Since the garment at issue is a loose sleeveless cover of this type, it is properly categorized under the tariff provision above, which has textile category designation 335.

You state that the established practice has been to assign to merchandise similar to the submitted sample textile category 359. When the HTSUSA replaced the Tariff Schedules of the United States on January 1, 1989, some duty and quota changes were unavoidable, despite an attempt to maintain neutrality in those areas. It appears that the submitted sample is one of those articles in which implementation of the HTSUSA resulted in a change in the textile category designation.

HOLDING:

The merchandise at issue is classified under subheading 6102.20.0010, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski jackets), wind-breakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton, women's, textile category 335, and dutiable at the rate of 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 the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an 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

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