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HQ 084183

August 3, 1989

CLA-2 CO:R:C:G 084183 CMR


TARIFF NO.: 6110.20.2075

Ms. Doreen Wai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036

RE: Classification of a ladies' 100 percent cotton knitted garment, your reference number 5/89

Dear Ms. Wai:

This ruling is in response to your letter of April 7, 1989, requesting the classification of a ladies' 100 percent cotton knitted garment.


The garment at issue, style number 2116, is a fine knit 100 percent cotton cardigan-like garment. It has long sleeves, two inset pockets below the waist, a full frontal opening with a deep V-neck cut, and no means of closure. The garment reaches down to about mid- thigh in length.

The garment is imported by Tric Trac Ltd. from Hong Kong. A shipment of these jackets through J.F.K. Airport in New York was denied entry for want of visa in category 338/339. The U.S. entry number is 648-4105037.


Is the garment classifiable as a blouse or shirt requiring a visa in category 339, as a sweater-like garment requiring a visa in category 339, or as a jacket requiring a visa in category 335?


The subject garment, style number 2116, cannot reasonably be considered a shirt or blouse. It has a full frontal opening with no means of closure. Full openings generally require some means of closure for the sake of modesty if the garment is to be worn as a shirt or blouse.

In the Explanatory Notes to the HTSUSA, which are the official interpretation of the tariff at the international level, we find that heading 6104, HTSUSA, provides for, inter alia, women's or girls' suit-type jackets. The Explanatory Note to heading 6103, HTSUSA, defines jackets and blazers for headings 6103 and 6104 as having an outer shell consisting of three or more panels (of which two are at the front), sewn together lengthwise, designed to cover the upper part of the body. Jackets have a full front opening without closure, or with a non-zippered closure. They cannot extend past the mid- thigh area, and are not for wear over another coat. The garment in question appears to fall within the definition of suit-type jacket given in the Explanatory Notes.

However, in the Textile and Apparel Category Guidelines, C.I.E. 13/88, the description of suit-type jackets specifically states that such jackets must be tailored. This requirement is reinforced by the additional language in the Guidelines that "Eisenhower jackets and other casual garments meeting the 3 panel requirement are not 'suit- type jackets.'"


The garment at issue, style number 2116, is not classifiable as a cotton suit-type jacket. It lacks the tailoring typical of such garments. It is properly classified as a sweater-like garment in subheading 6110.20.2075, HTSUSA, textile category 339, dutiable at 20.7 percent ad valorem.


John Durant, Director
Commercial Rulings Division

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