HQ 0956290 - Modification of DD 895095 (3/24/94); classification of a woman's crocheted sleeveless upper body garment; pullover v. vest; HRL 952215 (12/16/92); vests are designed to be worn over other outerwear; pullovers may be worn over outerwear or over the skin; 6110.90.0066, HTSUSA; section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993). - United States International Trade Commision Rulings

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HQ 956290

May 2, 1994

CLA-2 CO:R:C:T 956290 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.0066

Esta Knipper
Abe M. Knipper, Incorporated
80 Sheridan Blvd.
Inwood, N.Y. 11696

RE: Modification of DD 895095 (3/24/94); classification of a woman's crocheted sleeveless upper body garment; pullover v. vest; HRL 952215 (12/16/92); vests are designed to be worn over other outerwear; pullovers may be worn over outerwear or over the skin; 6110.90.0066, HTSUSA; section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993).

Dear Ms. Knipper:

On March 24, 1994, the Customs port of Miami issued you District Ruling (DD) 895095 in which a women's sleeveless crocheted upper body garment was classified as a pullover under subheading 6110.90.0090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Upon review, that ruling is determined to be in error and is hereby modified to reflect the proper classification set forth below.

FACTS:

The subject merchandise, referenced style number 610, is a women's crocheted linen sleeveless upper body garment with a scoop neck. The crocheted fabric creates a revealing openwork design.

ISSUE:

Whether the subject merchandise is properly classifiable as a women's sleeveless pullover or as a women's knitted vest?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (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, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

In Headquarters Ruling Letter (HRL) 952215, dated December 16, 1992, this office was asked to determine whether a men's knit sleeveless garment made from terry material was a vest or a pullover for classification purposes. In that ruling, Customs noted that only those garments which are designed to be worn over other outerwear garments are classifiable as vests and therefore the manner in which the garment was to be worn was an essential element in determining the garment's identity.

In the instant case, this office is asked to make a similar determination as to whether the subject garment is a sleeveless pullover or a vest. The garment under review is made from a loosely crocheted fabric which creates a large openwork design. The fabric is so loosely crocheted that it exposes a considerable amount of skin and renders the garment incapable of modest wear next to the skin or over most undergarments. This sleeveless garment is designed for primary wear over other outerwear. As the garment is only suitable for use over other garments, and cannot modestly be worn alone, it is properly classifiable under subheading 6110.90.0066, HTSUSA, which provides for other women's vests.

HOLDING:

DD 895095 is modified.

Style number 610 is classifiable under subheading 6110.90.0066, HTSUSA, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: vests other than sweater vests: other: other: women's or girls'...," dutiable at a rate of 6 percent ad valorem. The applicable textile quota category is 859.

The designated textile and apparel categories 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 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.

In order to ensure uniformity in Customs' classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), DD 895095 is modified to reflect the above classification effective with the date of this letter.

Sincerely,

John Durant, Director
Commercial Rulings Division

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