HQ 953612: Classification of women's knit jacket; 6102.20.0010, HTSUSA;not a cardigan because possesses several jacket features.

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 953612

                          June 9, 1993

CLA-2 CO:R:C:T 953612 SK

CATEGORY: Classification

TARIFF NO.: 6102.20.0010

Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W., ste. 475
Washington, D.C. 20036

RE: Classification of women's knit jacket; 6102.20.0010, HTSUSA;
not a cardigan because possesses several jacket features.

Dear Mr. Lai:

     This is in response to your letter of March 9, 1993, on
behalf of I.B. Diffusion L.P., requesting a binding
classification ruling for a women's knit upper body garment. A
sample of the garment was submitted for Customs' examination and
will be returned to you under separate cover.

FACTS:

     The submitted sample, referenced style 77306, is a women's
knit upper body garment made from 100 percent cotton fibers.  The
fabric of the garment has more than nine stitches per two
centimeters measured in the horizontal direction.  The garment
features a full-front opening with a heavy-duty zipper, long
sleeves with rib knit cuffs, a pronounced rib knit waistband and
a baseball-style crew neckline.  The sample has shoulder pads,
two inset pockets at the side near the waist, one chest pocket
and two inside shoulder pockets.  There are decorative plastic
beads and sequins on the chest pocket and on the back of the
garment.  This garment covers the wearer's torso from the neck
and shoulders to below the waist and it is intended for wear over
other garments.

ISSUE:

     Whether classification of the article at issue is proper
under heading 6102 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which provides for women's
jackets, or under heading 6110, HTSUSA, which provides for
cardigans?



                              - 2 -

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     Upon examination, it is apparent that the garment at issue
possesses several characteristics which indicate it is properly
classifiable as a women's jacket.  Features such as the ribbed
waistband, ribbed cuffs, heavy duty zipper and pockets at the
waist are all indicative of this garment's status as a jacket. 
Moreover, this garment is clearly intended to be worn over other
wearing apparel.

HOLDING:

     Style 77306 is classifiable under subheading 6102.20.0010,
HTSUSA, which provides for "women's ... windbreakers and similar
articles, knitted or crocheted, other than those of heading 6104,
of cotton."  The applicable rate of duty is 16.9 percent ad
valorem and the textile quota category is 335.

     The designated textile and apparel categories 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 updated weekly and
is available for inspection at your local Customs office.

     Due to the 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,




                              John Durant, Director
                              Commercial Rulings Division