CLA-2 CO:R:C:T 950651 SK
Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017
RE: Classification of men's woven 100% cotton pullover; jacket;
6201, HTSUSA
Dear Mr. Maloney:
This is in response to your inquiry of October 9, 1991,
requesting classification of a men's cotton pullover on behalf of
your client, Adidas USA, Inc. A sample was submitted for our
examination and will be returned to you under separate cover.
FACTS:
The submitted sample, Style No. 34457, is a men's woven 100%
cotton warm-up pullover. The garment features long sleeves, rib
knit cuffs and a rib-knit waistband. The garment has a shirt
type collar and a rib knit panel which extends across the
article's V-neck opening.
The subject merchandise is designed to be worn by soccer
players over soccer jerseys as a warm-up garment. It is
anticipated that the garment will similarly be worn in a non-
soccer setting over a shirt.
ISSUE:
Whether the subject merchandise is properly classifiable as
a men's jacket under heading 6201 of the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) which provides
for, inter alia, men's cotton jackets, or under 6211, HTSUSA,
which provides for men's woven cotton shirts?
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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
according to the terms of the headings and any relative section
or chapter notes.
The issue in the instant case is whether the submitted
sample is properly classifiable as a men's shirt or jacket. The
submitted sample potentially lends itself to classification as
either a shirt or jacket. Upon examination, we note that the
garment has several characteristics which indicate that the
article at issue is properly classifiable as a men's jacket:
1) The submitted sample has applied cuffs which are often
found on jackets and not on shirts;
2) The garment has a rib-knit waistband;
3) The extremely generous cut of the article is similar to
the proportions of a jacket. The armholes and
sleeves are extraordinarily large and the blouson
silhouette enables this garment to easily accommodate
jerseys and other shirts underneath.
The fact that this garment is V-necked with a knit panel
extending across the opening does not preclude classification as
a jacket. This garment is designed to be a warm-up pullover and
as such the knit panel serves to protect an individual from a
chill when exercising or before warming up.
No information regarding the fabric weight of this garment
was submitted. The fact that the fabric used in this garment's
construction is rather lightweight does not preclude
classification as a jacket however. Jackets may come in various
weights and when used as a warm-up garment, such as is the case
here, the fabric weight is appropriate for this type of jacket.
While any one of these factors is not conclusive in and of
itself, they are, taken together, clearly indicative of this
garment's status as a jacket. Heading 6201, HTSUSA provides for
men's coats, jackets and similar articles and the garment at
issue is properly classifiable within this provision.
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HOLDING:
The subject merchandise is classifiable under subheading
6201.92.2050, HTSUSA, which provides for men's or boys'
overcoats, carcoats, capes, cloaks, anoraks (including ski
jackets), windbreakers and similar articles (including padded,
sleeveless jackets), other than those of heading 6203: of cotton:
other: other: men's. The applicable rate of duty is 10% ad
valorem and the textile category is 334.
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 your client 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 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, your client should contact its
local Customs office prior to importing the merchandise to
determine the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division