Women's cardigans/sweaters; fiber content; classifiable heading 6110, HTSUSA
Active· CBP ruling HQ 950136· Issued 1991-10-30
Ruling text
HQ 950136
October 30, 1991
CLA-2 CO:R:C:T 950136 JS
CATEGORY: Classification
TARIFF NO.: 6110.30.1560; 6110.30.3020
Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, NY 10006
RE: Women's cardigans/sweaters; fiber content; classifiable
heading 6110, HTSUSA
Dear Ms. Muoio:
This is in reference to your letter of July 18, 1991, on
behalf of Jones Apparel Group, requesting classification of
women's sweaters under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).
FACTS:
The current request asks for the classification of two
samples, women's cardigans, which differ only in the fiber
content percentages from the sweaters classified in DD 863981
(issued June 18, 1991). The samples provided are two cardigan-
style women's sweaters, style no. 59348 and style no. 72318. The
first sweater is constructed of 52 percent acrylic and 48 percent
wool knit fibers. It is a cardigan-style sweater with more than
nine stitches per two centimeters measured in the horizontal
direction. Sweater style no. 72318 is also a cardigan-sweater,
but is has a thicker knit and reaches to the hips. It is stated
to have a revised fiber content of 80 percent acrylic and 20
percent wool, although the content tag sewn into the collar of
the sample before us indicates a fiber content of 70 percent
acrylic, 30 percent wool, and DD 863981 indicated that this style
had a fiber content of 52 percent acrylic and 48 percent wool.
In a letter dated August 1, 1991, however, you provide an
independent laboratory report which confirms that style no. 72318
has 80 percent acrylic/20 percent wool fibers. We will therefore
classify garment style no. 72318 on the assumption that the
imported goods conform to the revised percentages.
ISSUE:
What is the classification of the present merchandise under
the HTSUSA.
2
LAW AND ANALYSIS:
Heading 6110 provides for sweaters, pullovers, sweatshirts,
waistcoats and similar articles. The Explanatory Notes (EN), the
official interpretation of the tariff at the international level,
state that the heading "covers a category of knitted or crocheted
articles, without distinction between male or female wear,
designed to cover the upper parts of the body (jerseys,
pullovers, cardigans, waistcoats and similar articles)."
Statistical Note 3 under Chapter 61 states that:
For purposes of this chapter, statistical provisions for
sweaters include garments, whether or not known as
pullovers, vests or cardigans, which are constructed
essentially with 9 or fewer stitches per 2 centimeters
measured in the horizontal direction.
Since style no. 59348 is a sweater which has a majority of
acrylic fibers, and more that 9 inches per 2 centimeters, it is
classified as a sweater under heading 6110, but falls into a
statistical provision which provides for "other" garments for
women.
Style no. 72318 is also appropriately provided for as an
acrylic sweater of heading 6110, but it contains less than 23
percent by weight of wool, which requires a classification of
"other" at the eight digit level, while meeting the definition of
sweater for classification at the ten digit level.
HOLDING:
The merchandise at issue is classified as follows:
Style no. 59348 is classified under subheading 6110.30.1560,
HTSUSA, which provides for sweaters, pullovers, sweatshirts,
waistcoats (vests) and similar articles, knitted or crocheted: of
man-made fibers: other: containing 23 percent or more by weight
of wool or fine animal hair, other: women's or girls', textile
category 438, dutiable at the rate of 17 percent ad valorem.
Style no. 72318 is classified under subheading 6110.30.3020,
HTSUSA, which provides for sweaters, pullovers, sweatshirts,
waistcoats (vests) and similar articles, knitted or crocheted: of
man-made fibers: other: other: other, other: sweaters: women's,
textile category textile category 646, dutiable at the rate of
34.2 percent ad valorem.
3
The designated textile and apparel category 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 your client check, close the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service which is updated weekly and is
available for inspection at your 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, your client should contact its
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
Source: rulings.cbp.gov — ruling 950136, retrieved 2026-10-12T05:25:20Z, republished verbatim. This digest is informational; only CBP issues binding rulings.