CLA-2 CO:R:C:G 087366 CC

Ms. Laura M. Denny
Import Department
Edison Brothers Stores Inc.
Executive Office 501 N. Broadway
P.O. Box 66995
St. Louis, MO 63166-6995

RE: Classification of a men's woven jacket; classifiable as a suit-type jacket in Heading 6203

Dear Ms. Denny:

This letter is in response to your inquiry of May 14, 1990, requesting tariff classification of a men's jacket. A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as style no. "Lapelless," is a men's woven jacket. It is composed of 65 percent rayon and 35 percent cotton, with a full lining made of nylon. The jacket is tailored and has four panels, of which two are at the front and two are at the back. It has a full frontal opening with a one-button closure at the bottom. There are two slash pockets at the waist and an interior breast pocket. Lapels extend from the shoulder area to the bottom of the garment, and the left lapel is partially embroidered.

ISSUE:

Whether the submitted sample is classifiable as a suit-type jacket in Heading 6203 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6203, HTSUSA, provides for men's jackets and blazers, among other articles. Note 3 to Chapter 62 states that for purposes of headings 6203 and 6204 the following:

(a) The term "suit" means a set of garments composed of two or three pieces made up in identical fabric and comprising:

...

- one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, ....

The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state for Heading 6203 that the Explanatory Notes to Heading 6103 are applicable. The Explanatory Notes to Heading 6103, state the following:

(A) The term "men's or boys' suit" means a set of garments composed of two or three pieces made up in identical fabric and comprising:

...

- one suit coat or suit jacket the outer shell of which, (exclusive of sleeves, and facings or collar, if any) consists of at least four panels (two in front and two at the back) sewn together lengthwise, designed to cover the upper part of the body, with a full front opening without a closure or with a closure other than a slide fastener (zipper). It does not extend below the mid-thigh area and is not for wear over another coat, jacket or blazer. ...

...

(C) The jackets or blazers of this heading have the same characteristics as the suit coats and suit jackets described in paragraph (A) above, except that the outer shell (exclusive of sleeves, and facings or collar, if any) may consist of three or more panels (of which two are at the front) sewn together lengthwise. The heading does not, however, include anoraks, wind- cheaters, ski-jackets and similar garments of heading 6101 or 6102.

The submitted jacket consists of four panels, of which two are at the front, and has a full frontal opening with a one- button closure. It does not extend below the mid-thigh area and is not for wear over another coat, jacket or blazer. It is tailored and has lapels and a lining. We believe that the submitted jacket meets the requirements for classification as a suit-type jacket according to the applicable Chapter notes and Explanatory Notes. Therefore, the submitted jacket is classifiable in Heading 6203, HTSUSA.

HOLDING:

The submitted merchandise is classified under subheading 6203.39.2010, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), suit-type jackets and blazers, of other textile materials, of artificial fibers, other, men's. The rate of duty is 29 percent ad valorem, and the textile category is 633.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, 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 that 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 available for inspection at your local Customs office.

The sample is being returned under separate cover.

Sincerely,

John Durant, Director
Commercial Rulings Division