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HQ 085859


February 7, 1990

CLA-2 CO:R:C:G 085859 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.32.2040, 6203.32.2050

Ms. Barbara Anderson
International News
820 1st Avenue, South
Seattle, Washington 98134

RE: Classification of a woven cotton jacket

Dear Ms. Anderson:

This ruling is in response to your letter of October 9, 1989, requesting the classification of a woven cotton men's jacket. The jacket will be imported from India or Nepal.

FACTS:

The submitted sample is a men's woven cotton jacket with two front panels, two rear panels, hemmed long sleeves, a small breast pocket, two patch pockets at the waist, lapels, and a full front opening secured by a single button. The front panels are lined with self fabric.

The jacket will be imported under style number 28-A01 and 28- A02. This style in boy's sizes will be imported under style number K28-A01 and K28-A02.

ISSUE:

Is the garment at issue properly classified as a suit-type jacket under heading 6203, HTSUSA?

LAW AND ANALYSIS:

Classification of products 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 meets the requirements set out in the Explanatory Notes for jackets or blazers in heading 6203, HTSUSA. The Explana- tory Notes are the official interpretation of the HTSUS at the international level. The Explanatory Notes for heading 6103, HTSUSA, which apply mutatis mutandis to heading 6203, HTSUSA, require a jacket or blazer to have three or more panels (of which two are in the front) sewn together lengthwise. The jacket has four panels (two in the front and two in the back) sewn together lengthwise.

The garment is designed to be worn as a jacket over other outerwear garments. We believe it has sufficient features to be considered a suit-type jacket. The self-fabric lining, lapel styling, full frontal opening with a single-button closure and front waist pockets are features generally found in casual leisure jackets.

HOLDING:

The garment at issue is classified as a men's suit-type jacket in subheading 6203.32.2040, HTSUSA, textile category 333, dutiable at 10 percent ad valorem. The jacket in boys' sizes is classified as a suit-type jacket in subheading 6203.32.2050, HTSUSA, textile category 333, dutiable at 10 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

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