HQ 087036: Classification of women's wool knit 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 087036

                                    August 24, 1990




            CLA-2:CO:R:C:G  087036 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6110.10.2080

            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 wool knit garment

            Dear Mrs. Wai:

                 This is in reference to your letter dated April 20, 1990,
            requesting, on behalf of Nordstrom, Inc., the classification of
            a women's 100 percent wool knit garment 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 100 percent wool knit cardigan garment.  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 double-breasted opening, lapels with a notched collar and
            long sleeves with ribbed knit cuffs.  It has two patch pockets
            below the waist and inside shoulder pads.  The garment extends
            from the neck and shoulders to the hips.  The body of the
            garment is made from one continuous panel of fabric.  It is
            intended to be worn over another outer garment, such as a shirt
            or blouse.  In your letter you state that you believe that the
            garment is properly classified in category 435 for quota
            purposes.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6110.10.2080, HTSUSA, textile visa category 438.
















                                          -2-


            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
            according to the terms of the headings and any relative section
            or chapter notes.

                 In order for the garments at issue to be subject to
            category 435, they must be classified in either in Heading
            6104, HTSUSA, which provides for suit-type jackets or Heading
            6102, HTSUSA, which provides for women's knit overcoats, car
            coats, capes, cloaks, anoraks (including ski-jackets),
            windbreakers and similar articles.

                 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 for Heading
            6103, which apply mutatis mutandis to Heading 6104, state that
            the garment must have at least four panels to qualify as a suit
            jacket and at least three panels to qualify as a suit-type
            jacket.  The garment in question is excluded from Heading 6104
            because of the continuous panel styling.

                The Explanatory Notes to Heading 6102 state only that the
            garments classified in that heading are generally worn over
            other clothing for protection against the weather.  However,
            the subject garment is not necessarily classifiable under
            heading 6102 simply because it is worn over other outer
            garments.  Sweaters and other sweater-type garments are also
            worn over other clothing.  The garment exhibits characteristics
            of a sweater or sweater-type garment.  The knit fabric and
            single panel design provide a great deal of elasticity, which
            is more typical of a sweater, rather than a jacket.  The
            article is therefore more specifically provided for as a
            sweater or similar garment.  A similar garment was classified
            as a sweater-like garment in Headquarters Ruling Letter (HRL)
            082943, dated November 29, 1988.

            HOLDING:

                 The garment at issue is classified under subheading
            6110.10.2080, HTSUSA, as sweaters...and similar articles,
            knitted or crocheted, of wool, other, other, women's, with a
            duty rate of 17 percent ad valorem and subject to quota
            category 438.















                                         - 3 -


                 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 the importer 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 the 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
            087036