HQ 085965: Classification of women's knit garments

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 085965

                                   January 17, 1990


            CLA-2:CO:R:C:G  085965 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6110.20.2045

            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 knit garments

            Dear Mrs. Wai:

                 This is in reference to your letter dated November 7,
            1989, on behalf of The North Face, requesting the
            classification of a women's 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 knit pullover garment of 80 percent cotton and 20
            percent polyester knit fibers.  The fabric has a stitch count
            of more than 10 stitches per linear centimeter in each
            direction.  The garment has long sleeves with ribbed knit
            cuffs, side pockets at the waist, a stand-up collar with a nine
            inch zipper which extends from the neck to the chest.  The neck
            and waistband feature functional drawstrings.  The garment is
            napped on the inside and has a woven fabric strip across the
            back of the shoulders.  The importer's name and logo are
            embroidered on the left chest.  In your letter you state that
            you believe that the garment is a pullover jacket for quota
            purposes and therefore should be classified in category 335.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6110.20.2045, HTSUSA, category 339.


















                                         - 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.  Heading 6110 specifically provides for
            sweaters, pullovers, sweatshirts, ...and similar garments.  The
            Explanatory Notes to the HTSUSA may be consulted for guidance
            as to the correct international interpretation of the various
            HTSUSA provisions.  There is nothing in the Explanatory Notes
            for Heading 6110 which would preclude classification in Heading
            6110.  The three "jacket" characteristics i.e., ribbed cuffs, a
            drawstring bottom closure and pockets below the waist, may also
            be characteristics of a sweatshirt-type garment.  Furthermore,
            the partial front opening is more typically a characteristic of
            a sweatshirt-type garment, rather than a jacket.

            HOLDING:

                 The garment at issue is classifiable under subheading
            6110.20.2045, HTSUSA, as sweaters, pullovers, sweatshirts...and
            similar articles, knitted or crocheted, of cotton, other,
            other, sweatshirts, women's, with a duty rate of 20.7 percent
            ad valorem and subject to quota category 339.

                 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.

                 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.




















                                         - 3 -

                 Your sample is being returned to you, as requested.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division




















































            6 cc: A.D., N.Y. Seaport
            D. Rimmer library/peh
            085965