HQ 954342: Thermal knit apparel and accessories made up of angora wool; main purpose of articles is to provide warmth

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 954342

                       September 10, 1993

CLA-2  CO:R:C:T  954342  jb

CATEGORY:  Classification

TARIFF NO.:  6109.90.2035; 6109.90.1530; 6108.99.2000;        
             6109.90.2015; 6109.90.1510; 6107.99.2000;           
             6505.90.3090; 6117.10.1000; 6116.91.0000;           
             6115.91.0000; 6307.90.9986

Mr. Jon Sigurdsson
Consulate General of Iceland
370 Lexington Ave., Ste. 505
New York, N.Y. 10017

RE:  Thermal knit apparel and accessories made up of angora wool;
     main purpose of articles is to provide warmth

Dear Mr. Sigurdsson:

     This is in reply to your letter, dated June 8, 1993,
concerning the classification of several articles made up of
angora wool under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).

FACTS:

     Though no actual samples were submitted, two brochures
outlining the various benefits and uses for the articles, in
addition to three color fabric swatches were received by this
office for examination.  One of the submitted brochures contained
sketches of the various articles and supports.

     The articles are advertised as thermal garments, principally
used to keep muscles and joints warm.  As is stated in one of the
brochures:

     ...muscles and joints are kept warm and greatly aids in
     reducing the discomfort associated with rheumatism,
     arthritis and other stiffness, due to cold or chills.

ISSUE:

     What is the proper classification for these articles?




LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 require that classification be determined
according to the terms of the headings and any relative section
or chapter notes, taken in order.  Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will
be applied, in the order of their appearance.

     Based upon the sketches in the submitted brochures and on
the assumption that the apparel items, i.e., Style numbers 100
through 350, belong to a class or kind of merchandise that is
principally used as underwear in the United States, the advisory
classifications for the subject articles are as follows:

Style No.           Article                HTSUSA Classification

100                 ladies' tank top       6109.90.2035
110                 ladies short sleeve    
                    shirt                  6109.90.2035 
120                 ladies short sleeve    
                    v-neck                 6109.90.2035
130                 ladies long sleeve      
                    shirt                  6109.90.1530
150                 ladies' briefs         6108.99.2000
170                 ladies' calf-length
                    pants                  6108.99.2000
180                 ladies' knee-length
                    pants                  6108.99.2000          
190                 ladies' ankle-length 
                    pants                  6108.99.2000

300                 children's tank top    6109.90.2035
350                 children's ankle-      
                    length pants           6109.99.2000

200                 men's tank top         6109.90.2015
210                 men's short sleeve
                    shirt                  6109.90.2015
230                 men's long sleeve
                    shirt                  6109.90.1510
260                 men's trunks           6107.99.2000
290                 men's ankle-
                    length pants           6107.99.2000







410                 hood                   6505.90.3090
500                 head warmer            6505.90.3090
510                 scarf                  6117.10.1000
520                 full finger gloves     6116.91.0000
525                 half finger gloves     6116.91.0000
530                 mittens                6116.91.0000
590                 socks                  6115.91.0000

     As regards Style numbers 420-475, heading 6307, HTSUSA,
provides for other made up articles which are not specifically
provided for elsewhere in the tariff.  The principal purpose of
these articles is for warmth; neither the sketches nor the
description in the brochures reveal evidence that the
construction of these articles provide "support" to joints or
muscles.  Customs has previously ruled on similar articles that
provide warmth to the body (See, HQ 952005, dated 
August 26, 1992; NY 875024, dated June 22, 1992 and HQ 950470,
dated January 7, 1992).  Accordingly, the advisory
classifications for Style numbers 420-475 are as follows:

420                shoulder warmer        6307.90.9986
440                arm warmer             6307.90.9986
445                wrist warmer           6307.90.9986
447                elbow warmer           6307.90.9986
450                abdomen warmer         6307.90.9986
457                abdomen warmer,
                   stretch                6307.90.9986
470                knee warmer            6307.90.9986
475                leg warmer             6307.90.9986


HOLDING:

     Accordingly, as no samples were provided to this office, and
assuming that the sketches illustrated in the brochure accurately
reflect the imported articles, the advisory classifications for
the subject articles are as follows:    

     Style number 100, ladies' tank top, Style number 110,
ladies' short sleeve shirt, and Style number 120, ladies' short
sleeve v-neck, are classified in subheading 6109.90.2035, HTSUSA,
which provides for women's or girls' T-shirts, singlets, tank
tops and similar garments, knitted or crocheted, of wool.  The
applicable rate of duty is 17 percent ad valorem and the quota
category is 438.  

     Style number 130, ladies' long sleeve shirt, is classified
in subheading 6109.90.1530, which provides for women's or girls'
T-shirts, singlets, tank tops and similar garments, of wool, with
long sleeves, underwear.  The applicable rate of duty is 6
percent ad valorem and the quota category is 459.

     Style number 150, ladies' briefs, Style number 170, ladies'
calf-length pants, Style number 180, ladies' knee-length pants
and Style number 190, ladies' ankle-length pants, are classified
in subheading 6108.99.2000, HTSUSA, which provides for women's or
girls' slips, petticoats, briefs, panties, nightdresses, pajamas,
negligees, bathrobes, dressing gowns and similar articles,
knitted or crocheted, of wool or fine animal hair.  The
applicable rate of duty is 17 percent ad valorem and the quota
category is 459.

     Style number 300, children's tank top, is classified in
subheading 6109.90.2035, HTSUSA, which provides for women's or
girls' T-shirts, singlets, tank tops and similar garments,
knitted or crocheted, of wool.  The applicable rate of duty is 17
percent ad valorem and the quota category is 438.

     Style number 350, children's ankle-length pants, is
classified in subheading 6108.99.2000, HTSUSA, which provides for
women's or girls' slips, petticoats, briefs, panties,
nightdresses, pajamas, negligees, bathrobes, dressing gowns and
similar articles, knitted or crocheted, of wool or fine animal
hair.  The applicable rate of duty is 17 percent ad valorem and
the quota category is 459.

     Style number 200, men's tank top and Style number 210, men's
short sleeve shirt, are classified in subheading 6109.90.2015,
HTSUSA, which provides for men's or boys' T-shirts, singlets,
tank tops and similar garments, knitted or crocheted, of other
textile materials, other.  The applicable rate of duty is 17
percent ad valorem and the quota category is 838.  
     
     Style number 230, men's long sleeve shirt, is classified in
subheading 6109.90.1510, HTSUSA, which provides for men's or
boys' T-shirts, singlets, tank tops and similar garments, knitted
or crocheted, of wool, with long sleeves, underwear.  The
applicable rate of duty is 6 percent ad valorem and the quota
category is 459.

     Style number 260, men's trunks, and Style number 290, men's
ankle-length pants, are classified in subheading 6107.99.2000,
HTSUSA, which provides for men's or boys' underpants, briefs,
nightshirts, pajamas, bathrobes, dressing gowns and similar
articles, knitted or crocheted, of wool or fine animal hair.  The
applicable rate of duty is 17 percent ad valorem and the quota
category is 459.







     Style number 410, hood, and Style number 500, head warmer,
are classified in 6505.90.3090, HTSUSA, which provides for hats
and other headgear, knitted or crocheted, or made up from lace,
felt or other textile fabric, in the piece (but not in strips),
whether or not lined or trimmed; hair-nets of any material,
whether or not lined or trimmed, of wool, other.  The applicable
rate of duty is 50.7 cents/kg + 15.4 percent ad valorem and the
quota category is 459.

     Style number 510, scarf, is classified in subheading
6117.10.1000, HTSUSA, which provides for other made up clothing
accessories, knitted or crocheted; knitted or crocheted parts of
garments or of clothing accessories: shawls, scarves, mufflers,
mantillas, veils and the like: of wool or fine animal hair.  The
applicable rate of duty is 10.2 percent ad valorem and the quota
category is 459.

     Style number 520, full finger gloves, Style number 525, half
finger gloves and Style number 530, mittens, are classified in
subheading 6116.91.0000, HTSUSA, which provides for gloves,
mittens and mitts, knitted or crocheted, of wool or fine animal
hair.  The applicable rate of duty is 33.1 cents/kg + 7.4 percent
ad valorem and the quota category is 431.

     Style number 590, socks, is classified in subheading
6115.91.0000, HTSUSA, which provides for, among other things,
panty hose, tights, stockings, socks and other hosiery: other: of
wool or fine animal hair.  The applicable rate of duty is 12
percent ad valorem and the quota category is 432.

     Style number 420, shoulder warmer, Style number 440, arm
warmer, Style number 445, wrist warmer, Style number 447, elbow
warmer, Style number 450, abdomen warmer, Style number 457,
abdomen warmer, stretch, Style number 470, knee warmer and Style
number 475, leg warmer, are classified in subheading
6307.90.9986, HTSUSA, which provides for other made up articles,
including dress patterns, other, other, other, other.  The
applicable rate of duty is 7 percent ad valorem.

     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 negotiations 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.




                           Sincerely,




                           John Durant, Director