HQ 081396: Classification of a 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 081396

                                    November 30, 1988



             CLA-2 CO:R:C:G   081396 PR

             CATEGORY:  Classification

             TARIFF NO.:  6110.10.2080

             Alexander W. Sierck, Esquire
             Beveridge & Diamond, P.C.
             1333 New Hampshire Avenue, N.W.
             Washington, D.C.  20036

             RE:  Classification of a wool knit garment

             Dear Mr. Sierck:

                 This is in reply to your letter of December 2, 1988, on
             behalf of USA Peninsula, Inc., concerning the classification
             of a certain garment.

             FACTS:

                 The submitted sample is a knit long sleeve crew-neck
             pullover garment, labelled to be wholly lambs wool.  It has
             rib-knit cuffs, waistband, and neck opening, and is stated to
             be a 14 gauge women's knit blouse.  Since there is nothing on
             the garment to indicate the sex of the intended wearer, for
             the purposes of this ruling we will assume that the garment is
             intended for wear by women.  The garment is indicated to be a
             product of Hong Kong.

             ISSUE:

                 The issue presented is whether the sample garment is
             classifiable under a heading which provides for sweaters and
             similar articles, or under a heading which covers other
             knitted garments.

             LAW AND ANALYSIS:

                 Women's knit shirts and blouses are provided for under
             Heading 6106, Harmonized Tariff Schedule of the United States
             Annotated (HTSUSA).  However, Note 4 of Chapter 61, HTSUSA,
             states that Heading 6106 does not include garments with ribbed
             waistbands or garments having an average of less than 10
             stitches per linear centimeter in each direction.  The sample
             is precluded from classification in Heading 6106 for both
             reasons.  











                                          - 2 -


                 Heading 6110 specifically provides for "Sweaters,
             pullovers * * * and similar articles, knitted or crocheted."
             The sample appears to this office to belong to a class of
             apparel that is commonly and commercially considered to be
             sweaters.  In this regard, Statistical Note 3, Chapter 61,
             Section XI, Harmonized Tariff Schedule of the United States
             Annotated (HTSUSA), defines sweaters as follows:

                 For the purposes of this chapter, statistical provisions
                 for sweaters include garments, whether or not known as
                 pullovers, vests or cardigans, which are constructed
                 essentially with 9 or fewer stitches per 2 centimeters
                 measured in the horizontal direction. (emphasis added)

                 The garment is not a "sweater", as that term is defined by
             Statistical Note 3, because a 14-gauge knit exceeds the
             criterion of "9 or fewer stitches per 2 centimeters."
             However, that definition is applicable only when determining
             the proper statistical annotation (ninth and tenth digits of
             the classification).  The sample falls clearly within the
             description of Heading 6110, as a sweater, pullover, or
             similar garment.  Accordingly, the classification of the
             instant garment is governed by GRI 1 (in accordance with the
             terms of the headings and any relevant section or chapter
             notes) and the garment is classifiable under Heading 6110.

             HOLDING:

                 The submitted sample is classifiable under the provision
             for other women's wool sweaters, pullovers, and similar
             garments, in Subheading 6110.10.2080.  The applicable apparel
             restraint category is 438.  This classification represents the
             present position of the Customs Service under the HTSUSA.  If
             there are changes before the effective date of January 1,
             1989, this advice may not continue to be applicable.  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,




                                           John Durant, Director
                                           Commercial Rulings Division