HQ 085960: Classification of ladies' knitwear

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 085960

                        February 20, 1990

CLA-2 CO:R:C:G  085960 CB

CATEGORY:  Classification

TARIFF NO.:  6110.30.3055

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

RE:  Classification of ladies' knitwear

Dear Ms. Wai:

     This is in response to your letter of November 3, 1989, on
behalf of Neo Max, requesting a classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), for certain women's knitwear from Hong Kong.

FACTS:

     The sample submitted, style M31604, is a ladies' knitted
pullover garment that consists of 75% polyester and 25% rayon
fibers.  It has long, raglan sleeves with rib knit cuffs, as well
as a functional drawstring at the bottom.  The fabric is napped
on both the inside and outside.  Other features include a stand-
up collar and a four-button, partial front opening that starts at
the collar, a large pocket with a flap located at the front
chest, and four heart-shaped appliques on the back.

     According to the information you have provided, at the time
this merchandise was exported to the United States, the Hong Kong
government assigned it quota category 635 (man-made fiber
jackets).  Upon importation, however, the US Customs import
specialist required quota category 639 (man-made fiber shirts).

ISSUE:

     Whether the subject garments are classifiable as a jacket or
sweatshirt under the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
                               -2-


taken in order.  GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.

     You are of the opinion that the garment in question is
classifiable as a pullover jacket because the garment is thick
in appearance and is styled like a garment normally worn over
another outer garment.  However, consideration should be given as
to whether the garment meets the following definitions of a
jacket:

     1.  Webster's II (1984) New Riverside University Dictionary

          Jacket:  A short coat, usually reaching to the hip.
                   (p. 649)

          Coat:    An outer garment covering the body from the
                   shoulders to the waist or below. (p. 275)

     2.  Mary Brooks Picken (1973), The Fashion Dictionary

          Jacket:  Short, coat-like garment, with or without
                   sleeves, opening down front, usually
                   extending below hips. (p. 203)

          Coat:    Outer garment worn for warmth, made of fabric
                   or fur, usually fitting upper part of body,
                   extending below hipline, open at front or
                   side, having sleeves.  (p. 70)

The instant garment does not satisfy the requirements of a coat
or jacket.

     We agree with the import specialist's action classifying the
subject garment as a sweatshirt.  Various sources define a
sweatshirt as a pullover garment.  The Guidelines for the
Reporting of Imported Products in Various Textile and Apparel
Categories, CIE 13/88 at page 13, states that sweatshirts are
pullover style garments and that a sweatshirt with a full frontal
opening is treated as a jacket.  The subject garment is a
pullover with a partial frontal opening.  Mary Brooks Picken
(1973), The Fashion Dictionary, defines a sweatshirt as a
"collarless, high-necked, pull-over sweater; often with fleecy
inside and fine-ribbed outside."  (p. 374)

     Therefore, in applying GRI 1 to the subject merchandise, we
conclude that Heading 6110 specifically provides for sweaters,
pullovers, sweatshirts...and similar garments.  The garment fits
the description of a sweatshirt; therefore, it is properly
classified under heading 6110, HTSUSA.

                               -3-


HOLDING:

     The subject garment is classifiable in subheading
6110.30.3055, HTSUSA, which provides for sweaters, pullovers,
sweatshirts...and similar articles, knitted or crocheted, of man-
made fibers, other, other, other, women's.  The rate of duty is
34.2 percent ad valorem and the textile category is 639.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, the importer should contact
their local Customs office prior to importation of this
merchandise to determine the current status of any import
restraints or requirements.

     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 the importer check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is updated weekly and
is available at the local Customs office.

     Your sample will be returned to you under separate cover.

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division