The tariff classification of a woman's knit/woven upper body garment from China

NY B88966 August 26, 1997 CLA-2-62:RR:NC:TA:360 B88966 CATEGORY: Classification TARIFF NO.: 6211.43.0078 Mr. David J. Evan Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Ave - 33rd Fl New York, NY 10167-3397 RE: The tariff classification of a woman's knit/woven upper body garment from China Dear Mr. Evan: In your letter dated August 30, 1997, on behalf of GFT U.S.A. Corp., you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover. Style C835 is a woman's upper body garment composed of both knit and woven fabric components. The knitted fabric is 55% wool, 38% acrylic and 7% rayon by weight, and the woven fabric is 44% acrylic, 22% polyester, 19% wool and 15% linen by weight. The hip length garment features long sleeves, a full frontal opening secured by a zipper, a spread collar and two pockets at the waist secured by zipper closures. The two front panels, which form the entire front of the garment are made of the woven fabric and the long sleeves, collar and the back of the garment are made of the knitted fabric. As the two front panels form the entire front of the garment, the essential character of the garment is imparted by the woven fabric. The garment is designed as a cardigan-like garment. A cardigan is defined as a garment that may be a sweater or a jacket. The garment due to its knitted components has the appearance of a sweater; however, the tariff does not provide a specific provision for sweaters that are woven. While we view this garment as a type of jacket, it does not provide for protection against the weather associated with the exemplars of heading 6202, HTS. Style C835 is not classifiable as a jacket of heading 6204, HTS, because it lacks the structured styling and tailoring generally associated with suit-type jackets and blazers. As no heading specifically provides for this style, classification devolves to heading 6211, HTS, which includes a breakout for jackets and jacket-type garments. The applicable subheading for style C835 will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.7 percent ad valorem. Style C835 falls within textile category designation 635. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466-5866. Sincerely, Paul K. Schwartz Chief, Textiles & Apparel Branch National Commodity Specialist Division