CBP Finds Classification of Women's Upper Body Garments Depends Tightness of Bottom

Four styles of womens' and girls' knit upper body garments are classifiable in different subheadings depending on whether the waistband at the bottom of the garments is tight to the body, CBP said in a recent ruling. The ruling, dated Nov. 14, found that one of the women's and the girls' style provided a way to be tightened at the bottom and were classifiable as "other" sweaters, pullovers and waistcoats, while the other two women's styles could not be tightened and are classifiable as blouses or shirts.

The products in question were three styles of "women’s knit upper body garments" and one style of a girls' "knit upper body" garment from Francesca's, made with cotton and polyester.

One of the woman's garments and the sole girls' garment each had a ribbed waistband that "provides a means of tightening at the bottom of the garment because it causes gathering of the garment against the mannequin’s body," the agency said. As a result, these two samples were classified under Harmonized Tariff Schedule subheading 6110.20.20, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other," CBP said.

The other two women's styles couldn't be tightened at the bottom. Regardless of the "existence of the ribbed waistband," the bottom of the garments fit loosely, CBP said. As a result, these two styles were classified under the HTS subheading 6106.10.00, which provides for "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton," the agency said.

While Francesca's did not ask about the country of origin markings, CBP found that the label on the garments that said "Made in Türkiye" does not satisfy marking requirements. The agency said the use of "Türkiye" on products is not prohibited, but country of origin marking requirements are only satisfied with the words “Made in Turkey,” "Product of Turkey," or "other words of similar meaning."