Classification of a woman's garment

HQ 084617 September 12, 1989 CLA-2 CO:R:C:G 084617 CMR 841082 CATEGORY: Classification TARIFF NO.: 6214.90.0010 Ms. Beate Echols 140 West End Avenue Apt. 30C New York, New York 10023 RE: Classification of a woman's garment Dear Ms. Echols: This ruling is in response to your letter of May 12, 1989, requesting classification of a cotton garment imported from Guatemala. FACTS: The submitted sample is a handwoven, multicolored, striped, 100 percent cotton woman's garment which is to be used as a shawl or stole. The garment measures 5'7" by 2'3" excluding the tassels at both ends. ISSUE: Is the scarf at issue classified in heading 6214, which provides for shawls, scarves, and similar articles, or in heading 6211, which provides for other garments? LAW AND ANALYSIS: The Explanatory Notes to the Harmonized System, the official interpretation of the HTSUS at the international level, offer little guidance in determining which of the two headings under consideration is correct. In the notes for heading 6214, HTSUSA, shawls are described as "usually square, triangular or circular, and large enough to cover the head and shoulders." Although the garment before us is rectangular in shape, this alone should not eliminate it from classification as a shawl. -2- While the description of shawls in the Explanatory Notes does not mention a size limitation other than that they need to be large enough to cover the head and shoulders, the garment at issue appears to be so large that it is more in the nature of a wrap, or stole, than a shawl. Under the Tariff Schedule of the United States Annotated (TSUSA), a garment such as this would have been classified as a women's other garment due to its size and not as a shawl. Heading 6214, HTSUSA, however, provides for shawls, scarves, mufflers, mantillas, veils and the like (bold added). The garment is in the nature of a shawl and therefore should be classified under heading 6214, HTSUSA. HOLDING: The article at issue is classifiable in subheading 6214.90.0010, HTSUSA, which provides for shawls, scarves, mufflers, mantillas, veils and the like, of cotton. The garment falls within textile category 359 and is dutiable at 12 percent ad valorem. 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 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, Harvey B. Fox Director, Office of Regulations and Rulings 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins