HQ 084166: Reconsideration of NYRL 835615 of February 3, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 084166

                                 August 4, 1989


      CLA-2 CO:R:C:G  084166 CMR

      CATEGORY: Classification

      TARIFF NO.: 6110.30.1560

      Richard Wortman, Esq.
      Grunfeld, Desiderio, Lebowitz & Silverman
      12 East 49th Street
      New York, New York,  10017

      RE: Reconsideration of NYRL 835615 of February 3, 1989

      Dear Mr. Wortman:

           This ruling is in response to your letter of April 7, 1989, on
      behalf of your client, Jones New York, requesting reconsideration of
      the classification in NYRL 835615 of a knit cardigan, style number
      55568, as a suit-type jacket in subheading 6104.33.1000, HTSUSA.

      FACTS:

           The garment at issue, style 55568, is a long sleeved double
      breasted knit cardigan.  It is made of 52 percent acrylic/48 percent
      lamb's wool double knit fabric.  The garment consists of one back
      panel and two front panels.  It has a full frontal opening secured by
      six buttons in a double breast styling, a low V-neck, shoulder pads,
      and  three patched pockets--one breast pocket and two pockets at or
      below the waist.  There are approximately ten stitches per two
      centimeters measured in the horizontal direction.

      ISSUE:

           Is the garment, style number 55568, classifiable under heading
      6104, HTSUSA, as a suit-type jacket, or is it classifiable under
      heading 6110, HTSUSA, as an article similar to a sweater?


















                                       -2-


      LAW AND ANALYSIS:

           In HRL 082943 of November 29, 1988, discussed the definition of
      cardigans.  Cardigans were defined as follows:

           1. A sweater or knitted jacket opening down the front.
              Webster's II New Riverside University Dictionary, 1984, at
              230.  Also, American Heritage Dictionary, Second College
              Edition, 1982, at 240.

           2. A knitted woolen jacket or sweater, collarless and open in
              front.  The Random House College Dictionary, 1973, at 203.

           3. A sweater style, usually a 3-button coat sweater with either
              a V or round neck.  There are also cardigan jackets made of a
              woolen or worsted fabric.  The Modern Textile and Apparel
              Dictionary, 1973, at 79.  [Bold added]

      Additionally, in Mary Picken's The Fashion Dictionary (1973), a
      cardigan sweater is defined as:

           Unfitted, collarless sweater of knitted material, buttoning in
           the front and having long sleeves or no sleeves.  Adapted from
           jacket of same name.

           The definitions of a cardigan serve only to show that a cardigan
      may be a sweater, or may be a jacket.  Cardigan refers to the styling
      of the garment; it is not dispositive as to its classification.

           The garment at issue, however, is more similar to a sweater than
      a jacket.  If the stitches were not quite as fine, i.e. 9 or less
      stitches per 2 centimeters, the garment would be classifiable at the
      statistical level as a sweater.  More importantly, the garment's
      fabric and styling are more akin to that of sweaters than of jackets.
      The initial impression of the garment is that it is a sweater and
      will be worn as such.  Therefore, it is properly classified under the
      provision for sweaters, pullovers, sweatshirts, waistcoats (vests)
      and similar articles, knitted or crocheted, heading 6110, HTSUSA.

      HOLDING:

           The garment at issue, style number 55568, is classified as an
      article similar to a sweater in subheading 6110.30.1560, HTSUSA,
      textile category 438, dutiable at 17 percent ad valorem.

           NYRL 835615 of February 3, 1989, is hereby modified as regards
      the classification of style number 55568.  This action is taken
      pursuant to 19 CFR 177.9(d).













                                       -3-


           Your sample will be returned, as requested, under separate
      cover.

           Due to the changeable 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.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division













































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins