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HQ 959914




November 4, 1996

CLA-2 RR:TC:TE 959914 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9074

Nik and Associates
P.O. Box 90279
Los Angeles, CA 90009-0279

RE: Revocation of PD A87822 of October 6, 1996; classification of a woman's pullover from China; Statistical Note 2(b), Section XI, HTSUS

Dear Sirs:

This is in reference to District Ruling Letter PD A87822 issued to you, on behalf of DZ Trading, LTD., on October 9, 1996, which dealt with the classification of a woman's pullover under the Harmonized Tariff Schedule of the United States (HTSUS). Customs has reexamined the decision and determined that the classification of the pullover was incorrect and this ruling revokes that classification.

FACTS:

The garment, Style 3600, is a woman's pullover constructed of a 55% silk, 45% cashmere wool fabric that has more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a round rib knit neckband, hemmed long sleeves and a hemmed bottom. The pullover garment extends below the waist.

In PD A87822 the subject merchandise was classified in subheading 6110.90.9090, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women's or girls'. The rate of duty is 6% ad valorem and the textile category code is 838.

ISSUE:

Is Style 3600 classified in subheading 6110.90.9090, HTSUS, or is it classifiable as a garment subject to wool restraints in subheading 6110.90.9074, HTSUS?

LAW AND ANALYSIS:

The issue in this case arises at the statistical level, the ten digit subheading level. The subheadings which present themselves as possibilities for the classification of this garment are as follows:

6110.90.9074, HTSUS Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted:
Of other textile materials:
Other:
Other:
Subject to wool restraints:
Women's or girl's
and

6110.90.9090, HTSUS Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted:
Of other textile materials:
Other:
Other:
Other:
Women's or girls'

As can be seen above, the consideration between the subheadings is between "subject to wool restraints" and "other". Statistical Note 2(b) to Section XI, HTSUS, defines the terms "subject to wool restraints" as follows:

The term "subject to wool restraints" means articles not provided for in (a) above [which defines the term "subject to cotton restraints"] and in which the wool (including fine animal hair) component exceeds 17 percent by weight of all the component fibers thereof.

The garment at issue is stated to be comprised of 45% cashmere wool. Therefore, it clearly falls within the definition for "subject to wool restraints" and it is classified in subheading 6110.90.9074, HTSUS, as subject to wool restraints.

HOLDING:

Pursuant to the analysis of this ruling, PD A87822 is revoked accordingly and the woman's pullover is classified in subheading 6110.90.9074, HTSUS. The rate of duty is 6% ad valorem and the textile category code is 438.

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 that your client check, close to the time of shipment, the Status 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 changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client 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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