HQ 084359: Reconsideration of NYRL 837350 of March 2, 1989

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 084359

                                        July 21, 1989


          CLA-2 CO:R:C:G  084359 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6102.30.2010

          Ellen E. Rosenberg, Esquire
          Tompkins & Davidson
          655 Fifteenth Street, N.W.
          Suite 300
          Washington, D.C. 10004

          RE:  Reconsideration of NYRL 837350 of March 2, 1989

          Dear Ms. Rosenberg:

                This ruling letter is in response to your inquiry of May 1,
          1989, on behalf of May Dept. Stores, Inc., requesting
          reconsideration of NYRL 837350 of March 2, 1989, under the
          Harmonized Tariff Schedules of the United States Annotated
          (HTSUSA).  A sample produced in Taiwan was submitted for
          examination.

          FACTS:

                The sample at issue, style number 622 is a women's 100
          percent acrylic knit garment which extends from the neck to just
          above the knees.  The fabric is constructed with fewer than 9
          stitches per 2 centimeters measured in the horizontal direction.
          The garment features a full front opening without any means of
          closure, a rib knit shawl collar, two side entry pockets below
          the waist, a rib knit bottom and shoulder pads.

                NYRL 837350 classified the garment under subheading
          6102.30.2010, HTSUSA.  You assert that the garment should be
          classified as a sweater under heading 6110, HTSUSA.

          ISSUE:

                Whether the garment at issue is classified under subheading
          6102.30.2010, HTSUSA, or under subheading 6110.10.2030, HTSUSA.













                                         -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 is determined
          according to the terms of the headings and any relevant section
          or chapter notes.

                Heading 6110, HTSUSA, provides for sweaters, pullovers,
          sweatshirts, waistcoats and similar articles, knitted or
          crocheted.  You assert, based on Statistical Note 3 to chapter
          61,  that the garment at issue should be classified in heading
          6110, irrespective of its length.  Statistical Note 3 to chapter
          61 states that for purposes of this chapter, statistical
          provisions for sweaters include garments, whether or not known as
          pullovers, vests or cardigans, which are constructed essentially
          with 9 or fewer stitches per 2 centimeters measured in the
          horizontal direction.  This note is only to be used at the
          statistical level, that being the ninth or tenth digits of the
          tariff.  As previously stated, classification is determined first
          at the four digit heading level, not at the statistical level of
          the tariff.

                It is our opinion that the Textile Category Guidelines act
          as an aid in determining the classification of garments.  Those
          guidelines provide that sweaters cover the upper body from the
          neck or shoulders to the waist or below (as far as the mid-thigh
          area).  Since the garment at issue exceeds the mid-thigh, we
          cannot classify under the heading providing for sweaters.

                You further allege that NYRL 837927 of March 20, 1989,
          classified a garment of 34-35 inch length as a sweater.  That
          ruling in its description does not state anywhere the length of
          the garment.  Since that garment was described as a sweater the
          classification was correct.

          HOLDING:

                The garment at issue is classified under subheading
          6102.30.2010, HTSUSA, which provides for women's or girls'
          overcoats, carcoats and similar articles, knitted or crocheted
          other than those of heading 6104, of man-made fibers, other,
          women's, textile category 635, and dutiable at the rate of 30
          percent ad valorem.

                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-

                NYRL 837350 of March 2, 1989 is affirmed.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division