HQ 084757: Classification of a Knit Garment--Your Case No. HK8/89

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 084757

                        SEPTEMBER 27,1989


CLA-2 CO:R:C:G  084757  PR

CATEGORY:  Classification

TARIFF NO.:

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

RE:  Classification of a Knit Garment--Your Case No. HK8/89

Dear Mrs. Wai:

     This is in response to your letter of June 6, 1989,
concerning the textile and apparel category applicable to a
certain knit garment imported by S.M.L. Sport Ltd. at New York
Seaport (Entry No. 523-0117386-1).

     The submitted sample is a woman's thigh-length acrylic knit
cardigan with long sleeves and a full front opening without
closure.  It has a shawl collar that extends down each side of
the front opening and which widens in the waist area to create
pockets with slanted openings.  The fabric is a 1 X 1 rib knit
construction and has less than nine stitches per two
centimeters, measured in the horizontal direction.  The garment
is intended for wear over other outer garments.

     The merchandise was exported from Hong Kong (and entered the
United States) in 1988.  It was licensed for textile and apparel
category 635 (women's and girls' coats).  Customs apparently
charged the shipment against textile and apparel category 646
(women's and girls' sweaters).

     Garments like the sample, imported into the United States
prior to January 1, 1989, were classified as coats because of the
slant pockets at or below the waist.  If the sample garment is
representative of the imported merchandise, the shipment should
have been charged to textile and apparel coat category 635.





     A copy of this letter is being furnished to the Committee
for the Implementation of Textile Agreements (CITA).  You should
contact that office concerning your request for an adjustment to
the United States import data for the calender year 1988.



                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division