HQ 085287: Classification of women's cotton knit garments

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 085287

                                   October 21, 1989


            CLA-2 CO:R:C:G  085287 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6110.20.2075

            Mrs. Doreen Wai, Second Secretary
            Hong Kong Economic & Trade Affairs
            British Embassy
            1233 20th Street, N.W., Suite 504
            Washington, D.C. 20036

            Re:  Classification of women's cotton knit garments

            Dear Mrs. Wai:

                 This is in reference to your letter dated July 27, 1989,
            requesting the classification of women's 100 percent cotton
            knit garments under the Harmonized Tariff Schedule of the
            United States Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by a sample of a
            women's cardigan garment of 100 percent cotton knit fibers.
            The fabric has a stitch count of more than 9 stitches per 2
            centimeters when measured in the horizontal direction.  The
            garment has a full front opening without means of closure and
            long sleeves without cuffs.  It has two patch pockets below the
            waist, inside shoulder pads and a hanger loop in the back
            between the shoulders.  The garment extends from the neck and
            shoulders to the top of the thighs.   In your letter you state
            that you believe that the garment is properly classified in
            category 335  for quota purposes because it has no closure.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6110.20.2075, HTSUSA, category 339.

            LAW AND ANALYSIS:

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















                                          -2-


            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section
            or chapter notes.

                 In order for the garments at issue to be classified under
            a heading for coats, and therefore subject to category 335,
            they must be described in either Heading 6102, HTSUSA, which
            provides for women's knit overcoats, car coats, capes, cloaks,
            anoraks (including ski-jackets), windbreakers and similar
            articles, or in Heading 6104, HTSUSA, which provides for suit-
            type jackets.

                 The Explanatory Notes to the HTSUSA may be consulted for
            guidance as to the correct interpretation of the various HTSUSA
            provisions.  The Explanatory Notes for subheading 6102 state
            that the garments classified in that Heading are generally worn
            over other clothing for protection against the weather.  The
            subject garments, which do not have closures for the front, are
            not within the coverage of Heading 6102.  Nor are the garments
            tailored, so they are therefore excluded from Heading 6104.

            HOLDING:

                 The garments at issue are classifiable under subheading
            6110.20.2075, HTSUSA, as sweaters...and similar articles,
            knitted or crocheted, of cotton, other, other, women's, with a
            duty rate of 20.7 percent ad valorem and subject to quota
            category 339.

                 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 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.

                 Your sample is being returned to you, as requested.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












            6 cc: A.D., N.Y. Seaport
            rimmer library/peh
            085287