Classification of a women's cardigan-style garment
Active· CBP ruling HQ 954802· Issued 1993-11-01
Ruling text
HQ 954802
November 1, 1993
CLA-2 CO:R:C:T 954802 CMR
CATEGORY: Classification
TARIFF NO: 6211.43.0078
Robert Stack, Esq.
Siegel, Mandell & Davidson, P.C.
1515 Broadway
One Astor Plaza, 43rd Fl
New York, New York 10036
RE: Classification of a women's cardigan-style garment
Dear Mr. Stack:
This ruling is in response to your request of July 8, 1993,
on behalf of Frederick Worldwide Company, seeking the
classification of a women's cardigan-style garment which will be
imported from Singapore. A sample garment was received with your
request and will be returned under separate cover.
FACTS:
The garment at issue, style 8020, is a women's cardigan-style
garment. The garment is constructed with a body and sleeves of 65
percent polyester/35 percent cotton woven fabric and trim
(waistband, cuffs, pocket tops and placket) of 65 percent
polyester/35 percent cotton rib knit fabric. The garment consists
of two rear panels and four front panels sewn together lengthwise,
with two of the front panels and the back panel extending to form
raglan sleeves. The garment has a deep V-neck full front opening
with a five-button closure, a rib knit placket which extends the
length of the front opening and around the neckline, long sleeves
with rib knit cuffs, a rib knit waistband and two front pockets
which extend below the waist and are trimmed with rib knit fabric.
The button closure for the garment buttons right over left.
ISSUE:
Is the garment at issue, style 8020, classifiable as: a jacket
of heading 6202, HTSUSA, which provides for, inter alia, women's
anoraks, windbreakers and similar articles; or, as a -2-
jacket of heading 6204, which provides for, inter alia, women's
suit-type jackets and blazers; or, as a women's other garment of
heading 6211, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Heading 6202 provides for, among other things, women's
anoraks, windbreakers and similar articles. The Explanatory Notes
to the Harmonized Commodity Description and Coding System, the
official interpretation of the HTS at the international level,
state, in relevant part, in regard to the coverage of this heading
that the heading covers a category of garments characterized by the
fact that they are generally worn over other clothing for
protection against the weather. [Applying the EN for heading 6101
which is applicable, mutatis mutandis, to heading 6102 and 6202.]
The garment at issue is not similar to anoraks or
windbreakers. Nor, do we believe it falls within the description
in the EN of the type of garments classifiable in heading 6202,
HTSUSA. Style 8020 is most similar to a sweater in styling and is
use. However, style 8020 is a woven garment and thus not of a
typical construction generally associated with sweaters. While we
view the garment as a type of jacket, it does not provide the
protection against the weather associated with the exemplars in
heading 6202, HTSUSA, not is it similar to these garments.
Therefore, style 8020 is not classifiable in heading 6202, HTSUSA.
As the garment at issue is viewed as a jacket-type garment,
heading 6204, HTSUSA, which provides for women's suit-type jackets
and blazers must be considered. Style 8020 is not classifiable in
heading 6204, HTSUSA, because it lacks the structured styling and
tailoring generally associated with suit-type jackets and blazers.
The remaining heading in which to classify style 8020 is
heading 6211, HTSUSA, which provides for other garments. The
decision to classify this garment in heading 6211, HTSUSA, is in
accord with the decision in HRL 087043 of July 30, 1990, on the
classification of a similar garment. The garment at issue therein
was a men's woven cardigan-type garment. Classification
-3-
as a jacket of heading 6201, HTSUSA, was rejected and the garment
was classified in heading 6211, HTSUSA, as there was no heading
which specifically provided for the garment.
Since the issuance of HRL 087043, the statistical breakouts
for heading 6211, HTSUSA, have been amended to include a breakout
for jackets and jacket-type garments. Customs views the garment
at issue herein, style 8020, as a jacket-type garment. The garment
is worn over other garments much like a sweater would be worn for
slight additional warmth. While the garment is not a jacket
similar to the garments of heading 6202, HTSUSA, or heading 6204,
HTSUSA, it is a jacket-type of garment not provided for
specifically in any of the headings of chapter 62.
HOLDING:
The garment at issue, style 8020, is classifiable as a women's
woven other garment, of man-made fibers, jacket-type garment
excluded from heading 6202 in subheading 6211.43.0078, HTSUSA,
textile category 635, dutiable at 17 percent ad valorem.
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 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 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
Source: rulings.cbp.gov — ruling 954802, retrieved 2026-10-12T05:28:16Z, republished verbatim. This digest is informational; only CBP issues binding rulings.