HQ 084617: Classification of a woman's garment

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 084617

                               September 12, 1989


      CLA-2 CO:R:C:G  084617  CMR  841082

      CATEGORY: Classification

      TARIFF NO.: 6214.90.0010

      Ms. Beate Echols
      140 West End Avenue
      Apt. 30C
      New York, New York  10023

      RE: Classification of a woman's garment

      Dear Ms. Echols:

           This ruling is in response to your letter of May 12, 1989,
      requesting classification of a cotton garment imported from
      Guatemala.

      FACTS:

           The submitted sample is a handwoven, multicolored, striped, 100
      percent cotton woman's garment which is to be used as a shawl or
      stole.  The garment measures 5'7" by 2'3" excluding the tassels at
      both ends.

      ISSUE:

           Is the scarf at issue classified in heading 6214, which provides
      for shawls, scarves, and similar articles, or in heading 6211, which
      provides for other garments?

      LAW AND ANALYSIS:

           The Explanatory Notes to the Harmonized System, the official
      interpretation of the HTSUS at the international level, offer little
      guidance in determining which of the two headings under consideration
      is correct.

           In the notes for heading 6214, HTSUSA, shawls are described as
      "usually square, triangular or circular, and large enough to cover
      the head and shoulders."  Although the garment before us is
      rectangular in shape, this alone should not eliminate it from
      classification as a shawl.











                                       -2-


           While the description of shawls in the Explanatory Notes does
      not mention a size limitation other than that they need to be large
      enough to cover the head and shoulders, the garment at issue appears
      to be so large that it is more in the nature of a wrap, or stole,
      than a shawl.  Under the Tariff Schedule of the United States
      Annotated (TSUSA), a garment such as this would have been classified
      as a women's other garment due to its size and not as a shawl.
      Heading 6214, HTSUSA, however, provides for shawls, scarves,
      mufflers, mantillas, veils and the like (bold added).  The garment is
      in the nature of a shawl and therefore should be classified under
      heading 6214, HTSUSA.

      HOLDING:

           The article at issue is classifiable in subheading 6214.90.0010,
      HTSUSA, which provides for shawls, scarves, mufflers, mantillas,
      veils and the like, of cotton.  The garment falls within textile
      category 359 and is dutiable at 12 percent ad valorem.

           The designated textile and apparel category 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
      available for inspection at your local Customs office.

           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,



                                      Harvey B. Fox
                                      Director, Office of
                                      Regulations and Rulings


















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