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HQ 087043


July 30, 1990

CLA-2 CO:R:C:G 087043 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0080

Mr. Jonathan M. Fee
Grunfeld, Desiderio, Lebowitz & Silverman 1201 West Peachtree Street, N.E.
Suite 4660
Atlanta, GA 30309

RE: Classification of a men's woven garment, similar to a cardigan sweater, not classifiable as a jacket, classifiable in Heading 6211 as an other garment

Dear Mr. Fee:

This letter is in response to your inquiry of March 30, 1990, requesting tariff classification of a men's woven garment. A sample was submitted for examination.

FACTS:

The submitted sample, your reference number 90-8002-5(2)I, is a men's woven garment composed of 64 percent cotton, 35 percent rayon, and 1 percent lycra. The garment has long sleeves with rib knit cuffs, a full frontal opening with a three button closure, and a rib knit waistband. The buttons are on the lower portion of the garment and, when in use, leave the upper portion of the garment open, extending in a V-shape from the collarbone to the top button.

ISSUE:

Whether the submitted sample is classifiable as a jacket in Heading 6201 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.

You requested that the sample garment be classified as a jacket in Heading 6201, 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. The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state for Heading 6201 that the Explanatory Notes to Heading 6101 are applicable. The Explanatory Notes to Heading 6101 state the following:

This heading covers a category of ... garments for men or boys, characterized by the fact that they are generally worn over all other clothing for protection against the weather.

It includes:

Overcoats, raincoats, car-coats, capes including ponchos, cloaks, anoraks including ski-jackets, wind-cheaters, wind- jackets and similar articles, such as three-quarter coats, greatcoats, hooded capes, duffel coats, trench coats, gabardines, parkas, padded waistcoats.

The garment at issue, which is similar to a cardigan sweater, is not specifically provided for in Heading 6201 and is not included in the category of articles listed in the Explanatory Notes applicable to Heading 6201. In addition, although it would be worn over a shirt, the garment at issue would not generally be worn over all other clothing for protection against the weather, since a jacket could be worn over this garment outdoors. Therefore it is not classifiable in Heading 6201.

No heading specifically provides for classification of the garment at issue in Chapter 62. Therefore it is classifiable in Heading 6211, which provides for other garments.

HOLDING:

The submitted sample is classified under subheading 6211.32.0080, HTSUSA, which provides for other garments, men's or boys', of cotton, other. The rate of duty is 8.6 percent ad valorem, and the textile category is 359.

The sample is being returned to you under separate cover.

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.

Sincerely,

John Durant, Director

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