Classification of women's knit garments

HQ 085965 January 17, 1990 CLA-2:CO:R:C:G 085965 DRR CATEGORY: Classification TARIFF NO.: 6110.20.2045 Mrs. Doreen Wai, Second Secretary Hong Kong Economic & Trade Affairs British Embassy 1233 20th Street, N.W., Suite 504 Washington, D.C. 20036 Re: Classification of women's knit garments Dear Mrs. Wai: This is in reference to your letter dated November 7, 1989, on behalf of The North Face, requesting the classification of a women's knit garment under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The merchandise at issue is represented by a sample of a women's knit pullover garment of 80 percent cotton and 20 percent polyester knit fibers. The fabric has a stitch count of more than 10 stitches per linear centimeter in each direction. The garment has long sleeves with ribbed knit cuffs, side pockets at the waist, a stand-up collar with a nine inch zipper which extends from the neck to the chest. The neck and waistband feature functional drawstrings. The garment is napped on the inside and has a woven fabric strip across the back of the shoulders. The importer's name and logo are embroidered on the left chest. In your letter you state that you believe that the garment is a pullover jacket for quota purposes and therefore should be classified in category 335. ISSUE: Whether the garments at issue are classifiable under subheading 6110.20.2045, HTSUSA, category 339. - 2 - LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes. Heading 6110 specifically provides for sweaters, pullovers, sweatshirts, ...and similar garments. The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. There is nothing in the Explanatory Notes for Heading 6110 which would preclude classification in Heading 6110. The three "jacket" characteristics i.e., ribbed cuffs, a drawstring bottom closure and pockets below the waist, may also be characteristics of a sweatshirt-type garment. Furthermore, the partial front opening is more typically a characteristic of a sweatshirt-type garment, rather than a jacket. HOLDING: The garment at issue is classifiable under subheading 6110.20.2045, HTSUSA, as sweaters, pullovers, sweatshirts...and similar articles, knitted or crocheted, of cotton, other, other, sweatshirts, women's, with a duty rate of 20.7 percent ad valorem and subject to quota category 339. 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. Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. - 3 - Your sample is being returned to you, as requested. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: A.D., N.Y. Seaport D. Rimmer library/peh 085965