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NY A83509




June 07, 1996

CLA-2-61:RR:NC:WA:N5:356 A83509

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6105.10.0010; 6110.20.2065

Mr. Dante F. Versaci II
AEI-Radix Customs Brokerage Services
6703 N.W. 7th Street
Miami, FL 33126

RE: The tariff classification of knit garments from Guatemala, Hong Kong, and Peru.

Dear Mr. Versaci:

In a letter dated May 6, 1996, you requested a tariff classification ruling on behalf of Chico's FAS Inc.

Style 8384 "Camp Top" is constructed from 100 percent cotton, jersey knit fabric which measures 12 stitches horizontally and 17 stitches vertically per linear centimeter. The garment has a self-fabric spread collar; a partial front opening with a three button, left over right closure; short, hemmed sleeves; and a hemmed bottom.

Style 8388 "Galleria Tunic" is constructed from 100 percent cotton, French terry knit fabric which measures 21 stitches per 2 centimeters counted in the horizontal direction. The garment is loose fitting and has a stand up collar; a partial front opening with a four button, left over right closure; long, hemmed sleeves; and a hemmed bottom with side slits.

Style 4110F "Director's Cardigan" is constructed from 100 percent cotton, double knit fabric which measures 12 stitches per 2 centimeters counted in the horizontal direction. The garment has a deep V-neckline; a full front opening with a four button, left over right closure; long, hemmed sleeves; two patch pockets below the waist; and a hemmed bottom.

Style 4114 "Savannah Cardigan" is constructed from 100 percent cotton, jersey knit fabric which measures 22 stitches per 2 centimeters counted in the horizontal direction. The garment is loose fitting and has a V-neckline; a full front opening with a three button, left over right closure; long, hemmed sleeves; and a hemmed bottom.

You noted in your original letter that the submitted garments were for women. However, you also noted that there is nothing in the size specifications or measurements of these garments that would render them inappropriate for wear by men. Since each of these garments buttons left over right, there is a presumption that they are designed for men. Chapter 61, note 9 states:

Garments of this chapter designed for left over right clo sure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' gar ments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

In U.S. Customs Headquarters letter 954130 of August 11, 1993, an analysis of this rule was provided. The analysis stated, in part:

Finally, Note 8 clearly states that "garments designed with left over right closure at the front shall be regarded as men 's or boys' garments, . . . " This does not apply where the "cut" of the garment clearly indicates it is designe d for one or other of the sexes. Therefore, unless the "cut" of the garment indicates otherwise, garments with left over right front closures are classifiable as men's or boys' garments.

You argue for a broad interpretation of "cut" s o as to look at the s tyle or various characteristics of garment s. In your view, a broad interpretation would allow Customs t o use the fact ors advoca ted in our letter to the IT C mentioned ear lier. We reject this reasoning. The term "cut" was the term chosen by the CCC while other broader terms, such as characteristics and design features, were rejected in drafting Note 8. The wording of the amended Note 8 was not changed prior to its adoption as part of the U.S. tariff. Reviewing the relevant CCC documents, we find no support for your position. In fact, a review of the documents leads to quite the opposite conclusion. While these documents are not binding on Customs, they do shed light on the intended scope of Note 8. See T.D. 89-90. We will not broaden the scope of the term "cut" through creative interpretation to encompass concepts which we know were considered and rejected. However, we still must determine what is meant by "the cut of the garment".

Customs be lieves the term "cut" implies construction or design de tail created to accommodate the body structure. This view is cons onant with the approach of choosing the d irection of closure as indicative of classification as male or female apparel. The direction of closure is an element of the construction of a garment. It follows then that only when other elements of the construction of the garment, such as the placement of darts, clearly indicate otherwise will the classification indicated by the direction of closure not prevail.

As in the above case, there is nothing in the cut of Styles 8384, 8388, 4110F or 4114 to overcome the presumption imposed by the direction of the closure. On this basis, the garments cannot be classified as women's.

Consequently, the applicable subheading for Style 8384 will be 6105.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of cotton: men's. The duty rate will be 20.7 percent ad valorem.

The applicable subheading for Styles 8388, 4110F, and 4114 will be 6110.20.2065, Harmo- nized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The duty rate will be 19.9 percent ad valorem.

Styles 8384, 8388, 4110F, and 4114 fall within textile category designation 338. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and quota restraints. Products of Guatemala and Peru are not presently subject to visa requirements or quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, 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 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 available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Roger J. Silvestri
Director

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