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HQ 089578




October 8, 1991

CLA-2 CO:R:C:T 089578 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Julie White
Nordstrom, Inc.
A/P, Import Office
1321 Second Avenue
Seattle, Washington 98101

RE: Modification of PC 861492 of April 30, 1991; suit-type vs. cardigan-type garment; 6104, HTSUSA, vs. 6110, HTSUSA

Dear Ms. White:

This ruling is in response to your request of June 5, 1991, for reconsideration of the classification determination in PC 861492 regarding a woman's knit cardigan-style garment. The country of origin of the garment is Hong Kong.

FACTS:

The garment at issue, style 90331, is a woman's knit 100 percent cotton cardigan-style upper-body garment that extends from the wearer's neck and shoulders to slightly below the waist. The garment fabric is lightweight and has more than nine stitches per two centimeters measured in the horizontal direction. The garment features a deep V-neck front and a full-front opening with a double-breasted, four-button closure. The garment also has removable shoulder pads, a left chest pocket with rib knit trim and a decorative button, long sleeves with rib knit cuffs and a pronounced rib knit waistband. The rear of the neckline has a rib knit trim. The V-front has an inside facing.

The garment was classified as a suit-type jacket of subheading 6104.32.0000, HTSUSA, in PC 861492. You have requested reconsideration of that classification suggesting the garment is more properly classified as similar to a cardigan in heading 6110, HTSUSA.

ISSUE:

Was the garment at issue, style 90331, properly classified in PC 861492 as a suit-type jacket of heading 6104, HTSUSA, or is
it more properly classified as similar to a cardigan in heading 6110, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The classification of this garment is dependent on the various features it possesses. In your letter, you suggest that the garment is not sufficiently tailored to be considered a suit- type jacket. The National Import Specialist responsible for this type of merchandise agrees with your position. As stated in his report, the garment is not tailored, "that is, `shaped---so as to neatly fit the contours of the body by means of cutting, seaming and finishing' (Textile Category Guidelines, CIE 13/88, November 23, 1988). The garment drapes loosely on the wearer's body due to the lack of tailoring features such as darts. The partial rib knit neckband and the rib knit waistband and cuffs are features more generally associated with sweaters, or sweater-like garments (also windbreakers and similar garments) than with suit-type jackets. We believe the garment will be worn over other garments for warmth in the manner of a sweater.

HOLDING:

The garment at issue, style 90331, is classifiable as a cardigan-type garment in subheading 6110.20.2075, HTSUSA, textile category 339, dutiable at 20.7 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying PC 861492 of April 30, 1991, to reflect the above classification effective with the date of this letter. However, if after your review of this ruling letter, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of PC 861492 under 19 CFR 177.9(d)(1). We recognize that pending transactions may be adversely affected by this modification in that current contracts for importation arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify
this office and may apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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