HQ 088077

October 25, 1990

CLA-2 CO:R:C:G 088077 PR

CATEGORY: Classification

TARIFF NO.: 6110.10.2030

Mr. Tommy Lai

Hong Kong Economic & Trade Office

1233 20th Street NW suite 504

Washington, D.C. 200036

RE: Sweater Which Reaches Area of Midthigh Not Classifiable

as a Coat; Application of C.I.E. 13/88, Textile and

Apparel Category Guidelines

Dear Mr. Lai:

This is in reply to your inquiry of October 15, 1990,

concerning a ruling by our Houston office on the tariff

classification of a certain garment.

FACTS:

The submitted sample, a size M, is an unlined

lightweight knit women\'s lamb\'s wool and angora upper body

garment. It has long sleeves without cuffs, a full front

opening without a closure, shoulder pads, two patch pockets

below the waist, and a shawl collar that extends to the hem.

When worn by one of our staff members, the garment came to

the area of her midthigh. The fabric from which the garment

is constructed has less than nine stitches per two

centimeters.

ISSUE:

The issue presented is whether the subject garment is

classifiable as a coat in accordance with the cited ruling or

as a women\'s sweater in subheading 6110.10.2030. The

determining factor is whether the garment is too long to be a

sweater.

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LAW AND ANALYSIS:

The subject garment is in all outward respects a

sweater. However, Customs Textile and Apparel Category

Guidelines, C.I.E. 13/88, state that sweaters extend \"from

the neck or shoulders to the waist or below (as far as the

mid-thigh).\" It was determined by our Houston office that

the garment extended below the midthigh. Therefore,

following the guidelines, the garment was not classified as a

sweater.

It should be borne in mind that the guidelines are just

that, guides to ascertaining the common or commercial

designation of a textile article. C.I.E. 13/88 is not an

immutable document. It must be applied in a reasonably

prudent manner in order for the results obtained from its

application to be meaningful.

While the description of sweaters in C.I.E. 13/88 may

generally reflect commercial reality where a garment is not

clearly identifiable as being either a sweater or a coat, we

are concerned that the midthigh rule may, at times be

utilized without regard to the character of the garment

and/or the intended wearer of the garment. We believe that

there may be garments which exceed the midthigh-length

criteria and which are still, because of their fabric,

construction, and styling, commercially and commonly known

as sweaters.

In addition, the length of a garment in relation to the

wearer is dependent on the individual\'s measurements

(dimensions). Accordingly, where it is necessary because of

the nature of the garment to determine whether that garment

reaches to, or below, the midthigh area, some degree of

consideration should be given to reasonable variations in the

measurements of an intended wearer.

We realize that the above liberalizes to a small degree

the description of sweaters contained in C.I.E. 13/88.

However, while adhering rigidly to a description in C.I.E.

13/88 may promote uniformity of classification, which is

extremely desirable, it may also, on occasion, result in a

garment being misclassified. As stated above, C.I.E. 13/88

is merely a guide to enable Customs to determine the common

and commercial identity of a garment and to classify it

accordingly.

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HOLDING:

When the submitted sample is worn by an individual who

normally wears the submitted size, the bottom hem of the

garment reaches the midthigh area. Accordingly, that garment

complies with Customs\' description of a sweater. However,

even if the garment were slightly longer, the sample, in our

view, belongs to a class of garments commonly and

commercially known as sweaters. Accordingly, it is

classifiable under the provision for women\'s wool sweaters,

in Subheading 6110.10.2030. Textile and apparel category 446

is applicable to merchandise classifiable in that provision.

Sincerely,

John Durant, Director

Commercial Rulings Division