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HQ 085557

January 9, 1990

CLA-2 CO:R:C:G 085557 HP


TARIFF NO.: 6110.20.2075

Ms. Doreen Wai
Second Secretary
Hong Kong Economic & Trade Affairs
Hong Kong Economic and Trade Office
British Embassy
1233 20TH Street, N.W., Suite 504
Washington, DC 20036

RE: Revocation of HQ 084634

Dear Ms. Wai:

This is in reply to your telephone conversation with our office on September
21, 1989, with respect to revocation of HQ 084634 of September 11 , 1989. Please reference your case number HK 94/89.


The merchandise at issue consists of a woman's knit cardigan garment, Style
3003, composed of 100 percent cotton fibers. It features finely knit fabric, long sleeves, two patch pockets below the waist, and a full front opening without means of closure. It also contains four panels sewn together lengthwise, a narrow strip of fabric that surrounds the neck and extends down the front of the garment to form the placket, and two shoulder pads attached to the garment via a Velcro- like mechanism.

In HQ 084634, we classified this garment under subheading 6104.32.0000,
Harmonized Tariff Schedule of the United States Annotated (HTSUSA ), as women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts ( other than swimwear), knitted or crocheted, suit-type jackets and blazers, of cotton.


Whether the instant merchandise is properly classifiable as a suit-type jacket under the HTSUSA?

Heading 6104, HTSUSA, provides for, inter alia, suit-type jackets. The
Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. The EN to heading 6103 defines the class of garments known as jackets, for the purposes of headings 6103 and 6104, as having outer shells consisting of three or more panels (of which two are at the front), sewn together lengthwise and designed to cover the upper part of the body, and a full front opening either without closure or with a non- zippered closure. Jackets cannot extend past the mid-thigh area, and are not for wear over another coat.

In HRL 084183 of August 3, 1989, we noted that

... in the Textile and Apparel Category Guidelines, ["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 addi tional language in the Guidelines that "Eisenhower jackets and other casual garments meeting the 3 panel require ment are not `suit-type jackets.'"

The Guidelines, published at 53 Fed. Reg. 52563 (Dec. 28, 1988), note that since certain types of garments are closely related in use, the Guidelines "are to be used as an aid in determining the commercial designation and, hence, the classification of an article." Used as such, they "represent the present position of the Customs Service."

Suit-type jackets are not specifically addressed in either the HTSUSA or its accompanying Explanatory Notes. As no contrary indication of the drafters' intent is apparent, it is our opinion that embracing the definition taken up in the
Guidelines is appropriate.


As a result, HQ 084634 is revoked, and the position of the Customs Service on this type of merchandise is that taken in HQ 084183 of August 3, 1989.

As a result of the foregoing, the instant merchandise is classified under subheading 6110.20.2075, HTSUSA, textile category 339, as sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, other, other, other, women's or girls'. The applicable rate of duty is 20.7 percent ad valorem.
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 that the importer check , close to the time of shipment, the Status Report 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, the importer should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Pursuant to section 177.9, Customs Regulations (19 C.F.R. 177.9), the ruling letter of September 11, 1989 is revoked in conformity with the foregoing.


Harvey Fox, Director
Office of Regulations and Rulings

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