CLA-2 CO:R:C:T 952270 CMR
TARIFF NO: 6211.39.0075
Mr. Philip Kwok
Tower Group International, Inc.
W.G. Carroll Division
167-25 Rockaway Boulevard
Suite 200
Jamaica, New York 11430
RE: Classification of a men's woven garment; jacket v. other
garment; 6201, HTSUSA, v. 6211, HTSUSA
Dear Mr. Kwok:
This ruling is response to your request of June 16, 1992, on
behalf of Collection Clothing Corporation, regarding the
classification of a men's upper body woven garment, style #SP-
93032. Shipments of the garment will be entered at the ports of
Newark, Los Angeles and JFK Airport. The garment will be imported
from Hong Kong and China.
FACTS:
The submitted sample, style #SP-93032, is made of 55 percent
linen/45 percent cotton woven fabric. It is constructed with two
rear panels and two front panels sewn together lengthwise. The
garment features a full-front opening with left over right button
closures; a pointed collar; long sleeves with cuffs that have
single button closures; horizontal flapped, patch pockets at the
waist, diagonal inset pockets above the patch pockets, and a rear
vent with a button closure.
ISSUE:
Is the submitted sample, #SP-93032, classifiable as a jacket
of heading 6201, HTSUSA, or as an other garment of heading 6211,
HTSUSA?
-2-
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]."
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, offer guidance
to the trade community and Customs personnel as to various
characteristics of garments. The Guidelines were developed and
revised in accordance with the HTSUSA to insure uniformity, to
facilitate statistical classification, and to assist in the
determination of the appropriate textile categories established
for the administration of the Arrangement Regarding International
Trade in Textiles. It is important to remember that the Guidelines
are not hard and fast rules, but guidance in drawing distinctions
between classes of garments. When faced with garments such as
those at issue herein, we believe it is appropriate to look to the
Guidelines.
The garment at issue herein is a hybrid garment. It possesses
some features generally associated with shirts and some which are
associated with jackets. In regard to garments such as this, the
Guidelines, at page 6, list various features generally associated
with jackets. Provided that the result is not unreasonable, if a
garment possesses at least three of the listed features, then,
according to the Guidelines, the garment should be considered a
jacket.
The garment has pockets at or below the waist, a back vent
and large jacket/coat style pockets. Taking into consideration
these features in addition to the overall impression created by
the garment, Customs views it reasonable to consider this garment
a jacket.
Heading 6201, HTSUSA, provides for, inter alia, anoraks
(including ski-jackets), windbreakers and similar articles
(including padded, sleeveless jackets). The Harmonized Commodity
Description and Coding System Explanatory Notes provide in the
notes for heading 6101, which apply mutatis mutandis to heading
6201, that the heading covers a category of garments "characterised
by the fact that they are generally worn over all other clothing
for protection against the weather."
The submitted jacket is made of a linen/cotton blend fabric.
The fabric and the styling of the garment are not typical of
garments worn for protection against the weather. The garment is
not, in our view, similar to windbreakers or anoraks. -3-
The jacket is classifiable in heading 6211, HTSUSA, as an
other garment since it is not classifiable in heading 6201, HTSUSA,
and there is no other more specific heading within which it could
be classifiable.
HOLDING:
The garment at issue, #SP-93032, is classifiable as a men's
woven other garment, jacket or jacket-type garment excluded from
heading 6201, of other textile materials, in subheading
6211.39.0075, HTSUSA, textile category 834, dutiable at 3 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