CLA-2 CO:R:C:T 953611 SK
Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W., ste. 475
Washington, D.C. 20036
RE: Classification of women's knitted wool cardigan sweater;
6110.10.2030, HTSUSA.
Dear Mr. Lai:
This is in response to your letter of March 9, 1993, on
behalf of The Limited Stores, Inc., requesting a binding
classification ruling for a women's knitted wool upper body
garment. A sample of the garment was submitted for Customs'
examination and will be returned to you under separate cover.
FACTS:
The submitted sample, referenced style 9309, is a women's
knitted wool upper body garment. The garment has a full-front
zippered opening that extends from the mock turtleneck to the
garment's hip-length bottom and two slant pockets situated below
the waist. The garment is intended for wear over other wearing
apparel.
In your submission to this office you state that the garment
is constructed with fifteen stitches per two centimeters measured
in the horizontal direction. An analysis performed by the
Customs Service yields the finding the garment possesses seven
stitches per two centimeters measured in the horizontal
direction.
ISSUE:
Whether the garment at issue is a sweater, classifiable
under heading 6110 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Statistical Note 3 to Chapter 61, HTSUSA, states that for
purposes of this chapter, the "statistical provisions for
sweaters include garments... the outer surface of which are
constructed essentially with nine or fewer stitches per two
centimeters measured in the horizontal direction." Therefore,
the determinative issue is whether the subject garment meets this
prerequisite for classification as a sweater in Chapter 61, or
whether it is precluded from classification as such because, as
set forth in your submission, it is constructed from fifteen
stitches per centimeter measured in the horizontal direction.
The fabric comprising style 9309 is a double knit fabric
consisting of two sides of knitted fabric joined together by
knitting technology to give the appearance of twice knitted
fabric. It is more dimensionally stable than single jersey
fabric and its main purpose for use in sweater knits is to give
more bulk to a sweater and extra warmth to the wearer. For
purposes of Statistical Note 3, Chapter 61, HTSUSA, only one side
of double knit fabric is counted in order to determine the stitch
count of a garment. Using this method, our examination of the
subject garment at headquarters yielded the finding that the
garment at issue is constructed from seven stitches per two
centimeters measured in the horizontal direction.
We further note that the hangtag on the sample references a
6-digit number that is similar to those numbers used in Customs'
binding ruling program. Customs discovered that this number,
882046, was assigned to a District Ruling Letter issued to The
Limited by the Charleston, South Carolina District Director on
January 28, 1993. In that ruling, style 9309 was described as a
garment featuring "a full-front opening with a zipper closure,
mock ribbed neck, long sleeves, and slant pockets below the
waist," and was classified as a woman's knitted wool sweater
under subheading 6110.10.2030, HTSUSA, with an attendant quota
category of 446. Moreover, in the original inquiry to Customs
from The Limited concerning style 9309, dated January 12, 1993,
the garment was specifically referred to by the import
coordinator as a "sweater" constructed with a stitch count of
seven stitches per two centimeters measured in the horizontal
direction. This corroborates Customs' findings and we deem this
to be the accurate stitch count.
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The garment at issue possesses the overall appearance of a
cardigan and meets the prerequisite for classification as such in
Statistical Note 3 to Chapter 61 which mandates that sweaters be
constructed from less than nine stitches per two centimeters
measured in the horizontal direction. Accordingly,
classification of style 9309 is proper under heading 6110,
HTSUSA, which provides for, in pertinent part, knitted or
crocheted sweaters.
HOLDING:
Style 9309 is classifiable under subheading 6110.10.2030,
HTSUSA, which provides for "sweaters, pullovers, sweatshirts,
waistcoats (vests) and similar articles, knitted or crocheted: of
wool: other... sweaters: women's." The applicable rate of duty
is 17 percent ad valorem and the textile quota category is 446.
The designated textile and apparel categories may be
subdivided into parts. If so, the 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
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at your local Customs office.
Due to the 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