CLA-2 RR:CR:TE 962162 jb
Ms. Fiona Chau
Hong Kong Economic and Trade Office
1520 18th Street, N.W.
Washington, D.C. 20036
RE: Classification of men’s knit garments; stitch count
Dear Ms. Chau:
This is in response to your letter, dated August 25, 1998, regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of certain styles of men’s knit garments. Samples were submitted to this office for examination and will be returned under separate cover.
FACTS:
Preclassification Ruling (PC) C83676, dated March 3, 1998, addressed the classification of different styles of men’s and women’s garments. Although you do not have issue with all of the garments covered by that ruling, you disagree with respect to the determination given in reference to two specific styles, that is, referenced styles 46525, and 46526.
Style 46525 is a men’s knit garment constructed from 70 percent acrylic, 30 percent wool, double knit fabric. The garment features a rib knit crew neck, long sleeves with rib knit cuffs, an embroidered logo on the left chest, and a rib knit bottom.
Style 46526 is a men’s knit garment constructed from 70 percent acrylic, 30 percent wool, double knit fabric. The garment features a rib knit round neck, a partial front opening with a zippered closure, long sleeves with rib knit cuffs, an embroidered logo on the left chest, and a rib knit bottom.
At the time of the preclassification, the Import Specialist who inspected this merchandise stated that styles 46525 and 46526 measured over nine stitches per centimeters. Based on those measurements the garments were classified in subheading 6110.30.1550, HTSUSA, a provision
for knit garments which do not meet the stitch count required for sweaters. You disagree with this classification determination and state that styles 46525 and 46526 measure seven stitches per two centimeters thus qualifying for classification in the provision for sweaters.
Since this office did not examine the original garments examined by the Import Specialist we cannot comment on the stitch count of the samples reviewed at that time. However, as you have resubmitted styles 46525 and 46526 for examination, we can make a determination based on the garments before us.
ISSUE:
What is the proper classification for the subject garment?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.
There is no dispute that the subject merchandise is classifiable at the heading level, in heading 6110, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted. The outstanding issue is whether these styles are classifiable in the provision for “sweaters” at the statistical level, based upon the number of stitches per two centimeters, as counted on the outer surface of the fabric of the garments.
Statistical Note 3 to chapter 61, HTSUSA, states:
For purposes of this chapter, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the direction the stitches were formed, and garments, known as sweaters, where, due to their construction, the stitches on the outer surface cannot be counted in the direction the stitches were formed.
Based on the language of this note, counting only the stitches on the outer surface of the fabric, we agree that these styles are constructed from a double knit fabric which measures seven stitches per two centimeters counted in the horizontal direction. As such, the subject merchandise was incorrectly precluded at the statistical level from classification in the provision for sweaters.
Styles 46525 and 46526 are correctly classified in subheading 6110.30.1510, HTSUSA, in the provision for men’s or boys’ sweaters of man-made fibers and containing 23 percent or more by weight of wool.
HOLDING:
The decision in PC C83676 is partly superceded as pertains to styles 46525 and 46526.
The subject garments, referenced styles 46525 and 46526, are correctly classified in subheading 6110.30.1510, HTSUSA, which provides for, “[s]weaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: sweaters: men’s or boys’.” The applicable general column one rate of duty is 17 percent ad valorem and the quota category is 445.
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 you check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at the 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 the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division