HQ 084183: Classification of a ladies' 100 percent cotton knitted garment, your reference number 5/89

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 084183

                                 August 3, 1989


      CLA-2 CO:R:C:G  084183  CMR

      CATEGORY: Classification

      TARIFF NO.: 6110.20.2075

      Ms. Doreen Wai
      Hong Kong Economic & Trade Office
      British Embassy
      1233 20th Street, N.W.
      Suite 504
      Washington, D.C.  20036

      RE: Classification of a ladies' 100 percent cotton knitted garment,
          your reference number 5/89

      Dear Ms. Wai:

           This ruling is in response to your letter of April 7, 1989,
      requesting the classification of a ladies' 100 percent cotton knitted
      garment.

      FACTS:

           The garment at issue, style number 2116, is a fine knit 100
      percent cotton cardigan-like garment.  It has long sleeves, two inset
      pockets below the waist, a full frontal opening with a deep V-neck
      cut, and no means of closure.  The garment reaches down to about mid-
      thigh in length.

           The garment is imported by Tric Trac Ltd. from Hong Kong.  A
      shipment of these jackets through J.F.K. Airport in New York was
      denied entry for want of visa in category 338/339.  The U.S. entry
      number is 648-4105037.

      ISSUE:

           Is the garment classifiable as a blouse or shirt requiring a
      visa in category 339, as a sweater-like garment requiring a visa in
      category 339, or as a jacket requiring a visa in category 335?














                                       -2-


      LAW AND ANALYSIS:

           The subject garment, style number 2116, cannot reasonably be
      considered a shirt or blouse.  It has a full frontal opening with no
      means of closure.  Full openings generally require some means of
      closure for the sake of modesty if the garment is to be worn as a
      shirt or blouse.

           In the Explanatory Notes to the HTSUSA, which are the official
      interpretation of the tariff at the international level, we find that
      heading 6104, HTSUSA, provides for, inter alia, women's or girls'
      suit-type jackets.  The Explanatory Note to heading 6103, HTSUSA,
      defines jackets and blazers for headings 6103 and 6104 as having an
      outer shell consisting of three or more panels (of which two are at
      the front), sewn together lengthwise, designed to cover the upper
      part of the body.  Jackets have a full front opening without closure,
      or with a non-zippered closure.  They cannot extend past the mid-
      thigh area, and are not for wear over another coat.  The garment in
      question appears to fall within the definition of suit-type jacket
      given in the Explanatory Notes.

           However, in the Textile and Apparel Category Guidelines, C.I.E.
      13/88, the description of suit-type jackets specifically states that
      such jackets must be tailored.  This requirement is reinforced by the
      additional language in the Guidelines that "Eisenhower jackets and
      other casual garments meeting the 3 panel requirement are not 'suit-
      type jackets.'"

      HOLDING:

           The garment at issue, style number 2116, is not classifiable as
      a cotton suit-type jacket.  It lacks the tailoring typical of such
      garments.  It is properly classified as a sweater-like garment in
      subheading 6110.20.2075, HTSUSA, textile category 339, dutiable at
      20.7 percent ad valorem.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division


















      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins