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HQ 085023


October 19, 1989

CLA-2 CO:R:C:G 085023 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6101.30.2010

Richard H. Abbey, Esq.
Mudge Rose Guthrie Alexander & Ferdon
2121 K Street, N.W.
Washington, D. C. 20037

RE: Reconsideration of NYRL 839556, dated May 11, 1989

Dear Mr. Abbey:

This ruling letter is in response to your letter of June 30, 1989, on behalf of Generation One Apparel Inc., requesting a reconsideration of NYRL 839556 issued under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain sweatshirts.

FACTS:

The samples submitted were two men's knit garments. The first sample is a man's jacket which is constructed from a 72 percent cotton, 14 percent polyester, 14 percent rayon finely knit fabric which is napped on the inside surface. The garment has a full front, zippered opening; long sleeves with rib knit cuffs; a rib knit waistband; a hood with a drawstring closure; and slant opening handwarmer pockets at the waist. The jacket will be imported from Romania.

The second sample is a man's fully lined jacket which has an outer shell constructed from a 100 percent acrylic finely knit fabric and a lining constructed from a 55 percent cotton, 45 percent polyester thermal knit fabric. The garment has a full front, zippered opening; long sleeves with rib knit cuffs; a rib knit waistband; a hood with a drawstring closure; and slant opening, handwarmer pockets at the waist. The jacket will be imported from the People's Republic of China.

Both samples were the subject of NYRL 839556, dated May 11, 1989. Said ruling classified the 72 percent cotton garment sample under subheading 6101.20.0010, which provides for men's or boys' ...windbreakers and similar articles, knitted..., of cotton, men's. The sample garment constructed of 100 percent
acrylic fabric was classified in subheading 6101.30.2010, which provides for windbreakers and similar articles of man-made fibers.

ISSUE:

Whether the subject merchandise was properly classified under Heading 6101, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

You are of the opinion that both garments should be classified in heading 6110 as sweatshirts or garments similar to sweatshirts. However, various sources define a sweatshirt as a pullover garment. Mary Brooks Picken (1973), The Fashion Dictionary, defines a sweatshirt as a "collarless, high-necked, pull-over sweater; often with fleecy inside and fine-ribbed outside." (p. 374) The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88 at page 13 states that sweatshirts are pullover style garments and that a sweatshirt with a full frontal opening is treated as a jacket.

Heading 6101, HTSUSA, provides for men's or boys'... windbreakers and similar articles. NYRL 082943 classified the subject garments under heading 6101, based on the way the garments are worn. Garments with full frontal openings are worn and used differently from sweatshirts. The subject garments are of a type used in cool weather to provide an extra layer of protection while exercising outdoors. The tightly knit outer surface, with the napped inner surface, provides a layer of insulating warmth. Sweatshirts on the other hand are worn primarily for their moisture wicking properties. The difference in use between a sweatshirt and a sweatjacket is the basis for the distinction made between a pullover sweatshirt and a sweatjacket with a full front opening.

You also contend that the fabric and construction of the subject garments are not similar to garments of heading 6101, HTSUS. HRL 081679, dated March 14, 1988, sets forth Customs position that the garments listed in heading 6101 should be considered as broad categories which include all coat and jacket type garments. This interpretation permits classification in this heading of garments not specifically mentioned in the heading. Therefore, the subject garments were properly classified in heading 6101, HTSUSA.

HOLDING:

The cotton/polyester blend garment is classifiable in subheading 6101.20.0010, HTSUSA, which provides for men's or boys'...windbreakers and similar articles, knitted..., of cotton, men's. The textile category is 334 and as a product of Romania the rate of duty is 50% ad valorem.

The acrylic garment is classifiable in subheading 6101.30.2010, HTSUSA, which provides men's or boys'... windbreakers and similar articles, knitted..., of man-made fibers, other, other, men's. The textile category is 634 and the rate of duty is 30% ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

NYRL 839556 is affirmed. Your samples will be returned to you under separate cover.

Sincerely,

John Durant, Director

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