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HQ 084972


October 12, 1989

CLA-2 CO:R:C:G 084972 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Nordstrom, Inc.
A/P, Import Office
1321 Second Avenue
Seattle, Washington 98101
Attn: Julie White
Import Specialist

RE: Reconsideration of NYRL 842020 of June 12, 1989

Dear Ms. White:

This ruling is in response to your letter of June 16, 1989, requesting reconsideration of NYRL 842020 in which a women's garment, style #900, was classified as a suit-type jacket in 6104.32.0000, HTSUSA.

FACTS:

The garment at issue, style #900, is a women's 100 percent cotton, double-breasted knit cardigan. The garment is made of one-by one rib knit fabric which has more than nine stitches per two centimeters measured in the horizontal direction. The garment has a full-front opening with a six-button, double-breasted closure. It has long sleeves without cuffs, two pockets below the waist, removable shoulder pads, and capping around the neck and front placket.

The garment will be imported from Hong Kong. Importation will begin in January 1990.

ISSUE:

Is the garment, style #900, classifiable under heading 6104, HTSUSA, as a suit-type jacket, or is it classifiable under heading 6110, HTSUSA, as an article similar to a sweater?

LAW AND ANALYSIS:

In HRL 082943 of November 29, 1988, discussed the definition of cardigans. Cardigans were defined as follows:

1. A sweater or knitted jacket opening down the front. Webster's II New Riverside University Dictionary, 1984, at 230. Also, American Heritage Dictionary, Second College Edition, 1982, at 240.

2. A knitted woolen jacket or sweater, collarless and open in front. The Random House College Dictionary, 1973, at 203.

3. A sweater style, usually a 3-button coat sweater with either a V or round neck. There are also cardigan jackets made of a woolen or worsted fabric. The Modern Textile and Apparel Dictionary, 1973, at 79. [Bold added]

Additionally, in Mary Picken's The Fashion Dictionary (1973), a cardigan sweater is defined as:

Unfitted, collarless sweater of knitted material, buttoning in the front and having long sleeves or no sleeves. Adapted from jacket of same name.

The definitions of a cardigan serve only to show that a cardigan may be a sweater, or may be a jacket. Cardigan refers to the styling of the garment; it is not dispositive as to its classification.

The garment at issue, however, is more similar to a sweater than a jacket. If the stitches were not quite as fine, i.e. 9 or less stitches per 2 centimeters, the garment would be classifiable at the statistical level as a sweater. More importantly, the garment's fabric and styling are more akin to that of sweaters than of jackets. The initial impression of the garment is that it is a sweater and will be worn as such. Therefore, it is properly classified under the provision for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, heading 6110, HTSUSA.

HOLDING:

The garment at issue, style #900, is classified as an article similar to a sweater in subheading 6110.20.2075, HTSUSA, textile category 339, dutiable at 20.7 percent ad valorem.

Your sample will be returned, as requested, under separate cover.

The designated textile and apparel category 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 changeable 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.

This notice to you should be considered a revocation of NYRL 842020 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 842020 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for previous importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 842020 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importations arriving at a port subsequent to the release of HRL 084972 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division

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