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HQ 089968

September 30, 1991

CLA-2 CO:R:C:T 089968 SK


TARIFF NO.: 6102.20.0010

Mr. Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W., ste. 504
Washington, D.C. 20036

RE: Classification of women's jacket; 6102, HTSUSA; garment not a cardigan

Dear Mr. Lai:

This is in response to your letter of July 11, 1991, requesting classification of a women's jacket. A sample was submitted for Customs' examination and will be returned under a separate cover.


The submitted sample, Style Number 124, is a women's knit garment with a deep v-neckline and a one-button front closure. The outer fabric of the garment has more than nine stitches per two centimeters measured in the horizontal direction, and it is napped on the inside. The garment has an inner woven lining throughout the body and sleeves. The garment features long sleeves with applied knit cuffs, slanted front pockets and an uncinctured hemmed bottom. The fiber content of the outer fabric is 80% cotton and 20% polyester, while the woven lining consists of 100% cotton fibers. The garment will be imported from Hong Kong by Nordstrom, Inc.


Whether classification of the article at issue is proper under heading 6102 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for jackets, or under heading 6110, HTSUSA, which provides for cardigans?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The subject merchandise is a women's garment that leaves some question as to its primary function. In this particular instance, the garment is of a style that potentially lends itself to classification as either a cardigan or jacket.

Upon examination, it is apparent that the garment has several characteristics which indicate the article at issue is properly classifiable as a women's jacket:

1) The submitted article is fully lined with 100% cotton fiber. It is also of a substantial weight and clearly heavy enough for outdoor wear in cold weather. Although cardigans may be lined, they are usually not heavy enough, alone, for outdoor wear in the lower temperatures;

2) The garment has applied cuffs which are often found on jackets and not on cardigans;

3) The garment has slant front pockets located below the waist;

4) The garment has a large jacket/coat style button as its front closure.

The fact that this garment is v-necked with a single-button closure and an uncinctured hemmed bottom does not preclude it from being classifiable as a jacket. Granted, the neckline and the single closure will not provide as much warmth as other more conventional jacket styles, but nevertheless this garment contains ample attributes which indicate that it is a jacket rather than a cardigan.

While any one of these factors is not conclusive in and of itself, they are, taken together, clearly indicative of this garment's status as a jacket. Heading 6102 provides for women's coats, jackets and other similar articles and the garment at issue is properly classifiable within this provision.


The article at issue is classifiable under subheading 6102.20.0010, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of cotton ... Women's. The applicable rate of duty is 16.9% ad valorem and the textile category is 335.

The designated textile and apparel category may be divided 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 the importer 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 the importer's 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 his local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director

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