us-cbp-cross-rulings-hq-084617•HQ 084617: Classification of a woman's garment
HQ 084617: Classification of a woman's garment
us-cbp-cross-rulings-hq-084617HQ 084617: Classification of a woman's garmentGuidance
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
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