CLA-2 CO:R:C:G 086970 DRR
Mr. John Fee
Grunfeld, Desiderio, Lebowitz, & Silverman
1201 West Peachtree Street, N.E. Suite 4660
Atlanta, Georgia 30309
Re: Classification of men's woven pullover
Dear Mr. Fee:
This is in response to your letter dated March 30, 1990,
requesting, on behalf of Oxford Industries, Inc., the
classification of a men's cotton woven pullover garment under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue consists of a men's woven
pullover made of 64 percent cotton, 35 percent rayon and 1
percent lycra fabric. The garment has long sleeves with rib
knit cuffs, a rib knit crew neckline and a rib knit waist.
Your letter indicates that you believe that the garment is
classifiable as a shirt.
ISSUE:
What is the proper classification of the garment at issue?
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
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according to the terms of the headings and any relative section
or chapter notes. Heading 6211 provides for, among other
things, men's shirts excluded from heading 6205 and other
garments. Heading 6205 provides for, among other things, men's
shirts. The Explanatory Notes to the HTSUSA may be consulted
for guidance as to the correct international interpretation of
the various HTSUSA provisions. The Explanatory Notes to
Chapter 62 provide that shirts have a full or partial openings
starting at the neck. The Explanatory Notes to heading 6205
provide that it covers shirts which are not knitted or
crocheted, including shirts with detachable collars, dress
shirts, sports shirts and leisure shirts. The garment at issue
is not classifiable under heading 6205 because it is not
designed as a shirt nor is it intended to be marketed as one.
The garment is heavier than a shirt and the lycra combined with
the loose weave gives it more the appearance and elasticity of
a sweater. The garment could easily be worn as a sweater over
a shirt for warmth or style. In the absence of a specific
provision for woven sweaters, this garment is most
appropriately classified as an other cotton garment under
heading 6211.
HOLDING:
The garment at issue is classified under subheading
6211.32.0080, HTSUSA, as track suits, ski-suits and swimwear,
other garments, other garments, men's or boys', of cotton,
other, with a duty rate of 8.6 percent ad valorem, and subject
to textile category 359.
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.
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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.
Your sample is being returned to you as requested.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
086970