HQ 086970: Classification of men's woven pullover

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 086970

                                     July 12, 1990



            CLA-2 CO:R:C:G  086970 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6211.32.0080

            Mr. John Fee
            Grunfeld, Desiderio, Lebowitz, & Silverman
            1201 West Peachtree Street, N.E. Suite 4660
            Atlanta, Georgia 30309

            Re:  Classification of men's woven pullover

            Dear Mr. Fee:

                 This is in response to your letter dated March 30, 1990,
            requesting, on behalf of Oxford Industries, Inc., the
            classification of a men's cotton woven pullover garment under
            the Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a men's woven
            pullover made of 64 percent cotton, 35 percent rayon and 1
            percent lycra fabric.  The garment has long sleeves with rib
            knit cuffs, a rib knit crew neckline and a rib knit waist.
            Your letter indicates that you believe that the garment is
            classifiable as a shirt.

            ISSUE:

                 What is the proper classification of the garment at issue?

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be



















                                          -2-


            according to the terms of the headings and any relative section
            or chapter notes.  Heading 6211 provides for, among other
            things, men's shirts excluded from heading 6205 and other
            garments.  Heading 6205 provides for, among other things, men's
            shirts.  The Explanatory Notes to the HTSUSA may be consulted
            for guidance as to the correct international interpretation of
            the various HTSUSA provisions.  The Explanatory Notes to
            Chapter 62 provide that shirts have a full or partial openings
            starting at the neck.  The Explanatory Notes to heading 6205
            provide that it covers shirts which are not knitted or
            crocheted, including shirts with detachable collars, dress
            shirts, sports shirts and leisure shirts.  The garment at issue
            is not classifiable under heading 6205 because it is not
            designed as a shirt nor is it intended to be marketed as one.
            The garment is heavier than a shirt and the lycra combined with
            the loose weave gives it more the appearance and elasticity of
            a sweater.  The garment could easily be worn as a sweater over
            a shirt for warmth or style.  In the absence of a specific
            provision for woven sweaters, this garment is most
            appropriately classified as an other cotton garment under
            heading 6211.

            HOLDING:

                 The garment at issue is classified under subheading
            6211.32.0080, HTSUSA, as track suits, ski-suits and swimwear,
            other garments, other garments, men's or boys', of cotton,
            other, with a duty rate of 8.6 percent ad valorem, and subject
            to textile category 359.

                 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.





















                                          -3-


                 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.

                 Your sample is being returned to you as requested.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division















































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            086970