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HQ 955335




November 8, 1993

CLA-2 CO:R:C:T 955335 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080

Mr. Alan Siegal
Genghis Khan Freight Service Inc.
161-15 Rockaway Blvd.
Jamaica, New York 11434

RE: Modification of DD 884574; cardigan-style garment; heading 6110; HRL 954712

Dear Mr. Siegal:

On April 30, 1993, Customs issued to you District Ruling Letter (DRL) 884575, which classified various women's garments under the Harmonized Tariff Schedule of the United States (HTSUS). Upon review, we are of the opinion that the classification of style 12903, a women's cardigan-style garment, was incorrect and this ruling modifies that classification.

FACTS:

The garment in question, style 12903, is a women's finely knit upper body garment that is comprised of 100% wool fibers. The garment has a deep V-neckline, a full-front opening with a one-button closure and long sleeves. It is loose fitting and has inside shoulder pads. The garment is designed to extend below the waist of the wearer.

The knit fabric of the garment consists of 2 vertical repeating patterns. The longer pattern measures 2 inches long and it consists of a 1x1x1x1x1x3 rib knit construction. In this pattern there are 14 stitches per 2 centimeters measured in the horizontal direction. The shorter pattern is 3/4 of an inch long and it consists of double knit stitches. In this pattern there are 9 stitches per 2 centimeters measured in the horizontal direction. These 2 vertical patterns continue over the entire garment, except that the last 7-3/4 inches of the bottom of the garment, in both the front and back, consists solely of the rib knit construction.

DD 884575 classified this garment in subheading 6110.10.2030, HTSUS, which provides for "[s]weaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: [o]f wool or fine animal hair: [o]ther: [s]weaters: [w]omen's." This classification was based on the garment having a stitch count of 9 or fewer stitches per 2 centimeters measured in the horizontal direction.

ISSUE:

Is garment style 12903 classified as a sweater in subheading 6110.10.2030, HTSUS?

LAW AND ANALYSIS:

Headquarters Ruling Letter 954712, dated November 8, 1993, a copy of which is enclosed, deals with the classification of garment style 12903. We determined that the fabric of this garment has more than 9 stitches per 2 centimeters measured in the horizontal direction. Therefore, pursuant to Statistical Note 3, Chapter 61, Section IX, HTSUS, this garment cannot be classified as a sweater at the 10 digit level. As a result, this garment is classified in subheading 6110.10.2080, HTSUS, which provides for "[s]weaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: [o]f wool or fine animal hair: [o]ther: [o]ther: [w]omen's or girls'."

HOLDING:

The classification of style 12903 in DRL 884575 is modified accordingly. Style 12903 is classified in subheading 6110.10.2080, HTSUS. The rate of duty is 17% ad valorem and the textile category code is 438.

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 the importer 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.
In order to ensure 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)), DRL 884575 is partially modified to reflect the above classification effective with the date of this letter. For purposes of future transactions in merchandise of this type, DRL 884575 will not be valid precedent.

Sincerely,

John Durant, Director
Commercial Rulings Division

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