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HQ 084282

AUGUST 9, 1989

CLA-2 CO:R:C:G 084282 PR


TARIFF NO.: 6110.30.3055; 6110.30.3030

Mrs. Doreen Wai, Second Secretary
Hong Kong Economic & Trade Affairs
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of Knit Pullovers; Your Reference C/7/2 & C/7, Case No. HK 49/89

Dear Mrs. Wai:

This ruling is in response to your letter of April 13, 1989, concerning knit pullovers imported at Los Angeles Seaport by La Mode Du Golf Inc.--U.S. Entry Nos. 065--134426-8, 349-0737845-8, and 349-0737650-2.


Five samples were submitted. Three are designed for wear by men and two are designed for women. All of the garments are essentially jersey knit sleeveless pullovers with rib knit waistbands, V-necks, and rib knit bands around the arm and neck openings. The knit acrylic fabric is constructed with more than 9 stitches per 2 centimeters. In regard to the two women's garments, styles 2006 and 2008V, our National Import Specialist has reported that:

Both garments are worn by women over underwear or brassieres as blouses. They are not worn over other wearing apparel as vests. . . . [they provide] sufficient coverage for the wearer at the armholes and neck so that no underclothing is revealed.


The garments, when exported from Hong Kong, were licensed for textile and apparel restraint categories 638/639 as shirts or blouses. It is stated that Customs officers at the port of Los Angeles issued a redelivery notice indicating that the garments were vests and, therefore, fell in category 659.


Customs has consistently classified as vests only garments which are worn over other outer garments. Accordingly, based on the report of our National Import Specialist, styles 2006 and 2008V are blouses and should not have been classified as vests in category 659.

However, while the subject men's and women's garments are essentially the same, a contrary result is reached for the men's styles--1006, 1008V, and 1010V. While this may appear to be an anomaly on its face, in actuality, it's merely a recognition that men may wear garments differently than women. In this instance, women wear these type garments over underwear, men wear these garments only over other outer wear garments.

Until June 17, 1987, garments similar to the subject garments were classifiable as men's shirts. We have been unable to determine the rationale behind that classification. On that date we issued HRL 079508, which changed the classification of these type garments to vests because they lacked shirt characteristics and were commonly and commercially known in this country as vests.


The women's garments, styles 2006 and 2008V, are classifiable under the provision for other sweaters, pullovers, and similar knit articles of man-made fibers, in Subheading 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). In 1988, those garments were classifiable under the provision for other women's man-made fiber knit blouses, not ornamented, in item 384.8012, Tariff Schedules of the United States Annotated (TSUSA). In either case, textile and apparel category 639 is applicable.

The men's garments, styles 1006, 1008V, and 1010V, are classifiable under the provision for men's knit man-made fiber vests, in Subheading 6110.30.3030, HTSUSA. In 1988, the merchandise was classifiable under a similar provision, item 381.9224, TSUSA. In either case, textile and apparel category 659 is applicable. We suggest that you contact the Department of Commerce concerning your request for an adjustment to the category trade figures.


John Durant, Director

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