CLA-2 CO:R:C:T 956982 CMR
Ms. Patricia A. Johnson
C.H. Powell Company
6 Northway Ct.
Eastway Business Park
P.O. Box 270
Greer, S. Carolina 29652
RE: Classification of a women's 100 percent nylon woven pullover
Dear Ms. Johnson:
This ruling is in response to your letter of July 25, 1994,
on behalf of David Geoffrey and Associates, regarding the
classification of a women's 100 percent nylon woven pullover
garment. The garment may be entered through Greenville or
Charleston, South Carolina.
FACTS:
You refer to the garment in your letter as a woven
windbreaker from Macau. However, the submitted sample is marked
"made in Hong Kong". The garment is a pullover with a crew neck
of cotton lycra rib knit fabric, raglan style long sleeves with
piping and rib knit cuffs, a rib knit waist band and side seam
pockets. You indicate the garment is not water resistant, but it
is water repellant. You state that it is to be used to
"discourage the chill and repel the elements."
The submitted sample is a type of garment commonly sold in
golf shops for wear on the golf course. It is designed to be
worn over other clothing for protection against the weather. The
garment provides additional warmth. In response to a request
from this office, you submitted a copy of a catalogue page
showing the garment at issue. The garment is identified in the
catalogue as a 100 percent nylon taslon windjacket.
ISSUE:
Is the garment classifiable as similar to a windbreaker in
heading 6202, 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 garment at issue has the basic appearance of a pullover
shirt. However, it also has features generally associated with
jackets. Reference to the provisions of the HTSUSA and the
relevant Explanatory Notes (which are the official interpretation
of the HTS at the international level) offer little assistance in
this particular case. Therefore, it is reasonable to look to the
Guidelines for the Reporting of Imported Products in Various
Textile and Apparel Categories, CIE 13/88, for guidance regarding
characteristics normally associated with shirts versus those
normally associated with jackets.
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.
They offer guidance to the trade community and Customs personnel
as to various characteristics of garments. It is important,
however, to remember that the Guidelines are not hard and fast
rules, but guidance in drawing distinctions between classes of
garments.
In the Guidelines at pages 5 and 6, characteristics of
shirt-jackets are described and some general guidance in
distinguishing between shirts and jackets is given. Shirt-
jackets are described as having "full or partial front openings
and sleeves, and at the least cover[ing] the upper body from the
neck to the waist." Various features are listed and it is stated
that provided the result is not unreasonable, if a garment
possesses at least three of the listed features it will be
categorized as a jacket. Additionally, it states that
"[g]arments not possessing at least 3 of the listed features will
be considered on an individual basis.
The garment at issue has at least three listed features from
the Guidelines, i.e, pockets at or below the waist, rib knit
cuffs and a rib knit waistband. However, the garment does not
have a full or partial front opening which weighs against a
jacket classification. But, the garment has been treated to be
water repellant, though not water resistant within the meaning of
-3-
U.S. Note 2, Chapter 62, and is advertised as a "windjacket".
The garment is held out to the public for use in inclement
weather while golfing.
Based upon an overall examination of the features of the
garment, its intended use and the manner in which it is
advertised to the public for use, Customs believes this garment
is most properly classified as a jacket of heading 6202, HTSUSA.
HOLDING:
The garment at issue is classified as a women's woven man-
made fiber jacket, similar to a windbreaker, in subheading
6202.93.5011, HTSUSA, textile category 635, dutiable at 29.5
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