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HQ 086970

July 12, 1990

CLA-2 CO:R:C:G 086970 DRR


TARIFF NO.: 6211.32.0080

Mr. John Fee
Grunfeld, Desiderio, Lebowitz, & Silverman 1201 West Peachtree Street, N.E. Suite 4660 Atlanta, Georgia 30309

RE: Classification of men's woven pullover

Dear Mr. Fee:

This is in response to your letter dated March 30, 1990, requesting, on behalf of Oxford Industries, Inc., the classification of a men's cotton woven pullover garment under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of a men's woven pullover made of 64 percent cotton, 35 percent rayon and 1 percent lycra fabric. The garment has long sleeves with rib knit cuffs, a rib knit crew neckline and a rib knit waist. Your letter indicates that you believe that the garment is classifiable as a shirt.


What is the proper classification of the garment at issue?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be
according to the terms of the headings and any relative section or chapter notes. Heading 6211 provides for, among other things, men's shirts excluded from heading 6205 and other garments. Heading 6205 provides for, among other things, men's shirts. The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes to Chapter 62 provide that shirts have a full or partial openings starting at the neck. The Explanatory Notes to heading 6205 provide that it covers shirts which are not knitted or crocheted, including shirts with detachable collars, dress shirts, sports shirts and leisure shirts. The garment at issue is not classifiable under heading 6205 because it is not designed as a shirt nor is it intended to be marketed as one. The garment is heavier than a shirt and the lycra combined with the loose weave gives it more the appearance and elasticity of a sweater. The garment could easily be worn as a sweater over a shirt for warmth or style. In the absence of a specific provision for woven sweaters, this garment is most appropriately classified as an other cotton garment under heading 6211.


The garment at issue is classified under subheading 6211.32.0080, HTSUSA, as track suits, ski-suits and swimwear, other garments, other garments, men's or boys', of cotton, other, with a duty rate of 8.6 percent ad valorem, and subject to textile category 359.

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 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 available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Your sample is being returned to you as requested.


John Durant, Director
Commercial Rulings Division

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