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HQ 952648




April 19, 1993

CLA-2 CO:R:C:T 952648 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0010

Henry Van
BJ Customs Brokerage Co.
P.O. Box 91034
Los Angeles, CA 90009-1034

RE: Classification of a men's 100% cotton jersey knit upper body garment; full frontal opening closes left over right; subheading 6105.10.0010, HTSUSA.

Dear Mr. Van:

This is in reply to your letter of September 16, 1992, on behalf of your client, Uvamo, Inc., requesting the appropriate tariff classification for a men's upper body garment.

FACTS:

The submitted sample is constructed from 100 percent cotton knit jersey. The fabric contains 10 stitches in the horizontal direction and 15 stitches in the vertical direction per linear centimeter. The garment features: V-neckline, full frontal opening which closes left over right; six button front closure; contrast color piping at the neckline and the placket; short, hemmed raglan sleeves; and a curved, hemmed, shirt tail bottom. An embroidered logo reading "EGOISTE" is sewn to the left chest area. The garment will be imported in sizes S, M and L.

You requested classification for three other styles of garments;: a women's style 100 percent cotton knit jersey upper body garment and a 65 percent polyester/ 35 percent cotton knit upper body garment in both a men's and women's style. Our ruling is limited to the classification of the men's 100 percent cotton knit jersey described above as that is the only sample submitted to this office.

ISSUE:

What is the proper classification of the garment at issue?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relevant section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's applied, as appropriate, in sequential order.

Heading 6105, HTSUSA, provides for men's or boys' knitted or crocheted shirts. The submitted sample is a men's upper body garment; this is determined by the fact that the front opening of the garment buttons left over right and this garment possesses no features which indicate it was not designed for men.

The Explanatory Notes (EN) to heading 6105, HTSUSA, state, in pertinent part, that this heading does not cover garments having an average of less than 10 stitches per linear centimeter. The submitted sample, as stated above, is comprised of fabric containing 10 stitches in the horizontal direction and 15 in the vertical direction per linear centimeter and therefore classification is proper under subheading 6105.10.0010, HTSUSA, which provides for men's knitted shirts of cotton.

HOLDING:

The submitted sample is classifiable under subheading 6105.10.0010, HTSUSA, which provides for men's or boys' shirts, knitted or crocheted: of cotton... men's, dutiable at a rate of 21 percent ad valorem. The textile quota category is 338.

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 your client 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 the 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 the 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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