HQ 082239: Classification of certain women's garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

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 082239

                                 March 28, 1989


      CLA-2 CO:R:C:G  082239  CMR

      CATEGORY: Classification

      TARIFF NO.: 6108.91.0010

      Mr. Ashu Sawhney
      Ashco, Inc.
      99-927 Iwaena Street
      Aiea, Hawaii  96701

      RE: Classification of certain women's garments under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA)

      Dear Mr. Sawhney:

           This ruling is in response to your letter of April 28, 1988,
      requesting a classification for certain women's wearing apparel from
      Pakistan.

      FACTS:

           The submitted sample, style #2, is a finely knit pullover of 100
      percent cotton jersey fabric construction.  It has short, hemmed
      sleeves, a capped V-neckline, and a straight hemmed bottom.  The
      garment has eight-inch side slits which are finished with overlock
      stitching.  The garment measures approximately 35 inches from
      shoulder to hem, and is sized "one size fits all."

           Another sample, style #1, was submitted for comparison purposes.
      Like style #2, style #1 is of finely knit pullover of 100 percent
      cotton jersey fabric construction.  It is sleeveless, has a rounded
      V-neckline, a straight bottom, and has nine-inch side slits.  The
      neckline, sleeves, slits, and bottom are all finished with overlock
      stitching.  The garment measures approximately 33 inches from
      shoulder to hem, and is sized "one size fits all."

           You claim that style #1 has previously been classified as a
      beach cover-up, and that style #2 should likewise be classified.
      Photographs and copies of invoices were submitted to substantiate
      your claim.

      ISSUE:

           Is style #2 classifiable as a beach cover-up, and if so, where
      are beach cover-ups to be classified in the HTSUSA?













                                       -2-


      LAW AND ANALYSIS:

           Based on style #1's flimsy construction, loose fit, and body
      area coverage, we agree that it is most likely used and sold in the
      United States as a beach cover-up.  It has the appearance of a
      garment used as a beach cover-up.  The submitted photographs serve as
      additional support for our viewpoint, though are not determinative.

           Most of the submitted photographs of beach cover-ups sold at
      retail and worn around beach areas are of style #1.  However, three
      photographs of style #2 being worn in beach areas were submitted.
      While helpful, the submitted photographs are insufficient evidence in
      and of themselves.

           Style #2 has a more substantial construction than style #1, and
      is more finished.  However, in addition to the photographs, invoices
      have been submitted as evidence that style #2 is bought and sold as a
      beach cover-up as is style #1.  The invoices show that both styles
      are purchased from the same Pakistani vendor by Ashco, Inc. as "100
      percent cotton knitted beach cover[s]."  Ashco, Inc. then sells the
      garments to other vendors in Hawaii, who in turn apparently sell the
      garments to retailers.  Invoices which illustrate the chain have been
      submitted and on all of these invoices both styles are referred to as
      beach cover-ups.

           In light of the evidence presented by you in the way of invoices
      and photographs, Customs is sufficiently convinced that these
      garments are marketed, advertised, and sold as beach cover-ups.

      HOLDING:

           Styles 1 and 2 are classifiable under the provision for women's
      or girls' bathrobes, dressing gowns and similar garments, knitted or
      crocheted, other, of cotton, subheading 6108.91.0010, HTSUSA, textile
      category 350, dutiable at 9 percent ad valorem.

           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,



                                      John Durant, Director
                                      Commercial Rulings Division












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