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HQ 087172


November 19, 1990

CLA-2 CO:R:C:G 087172 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

RE: Woven outer garment

Dear Mr. Stack:

This is in reference to your letter dated May 11, 1990, on behalf of Honey Fashions, Inc., requesting the classification of a woven garment under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by a sample garment made of 100 percent brushed woven acrylic fabric. The garment is rectangular in shape, measuring approximately 62 inches in length by 36 inches in width, with an additional 5 inches of fringe along all sides. It has a 32 inch slit in the center front to create a full front opening and two front panels. The garment extends from the neck and shoulders to below mid-thigh.

ISSUE:

Whether the garment at issue is classifiable under Heading 6202, HTSUSA or Heading 6214, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), 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 6202, HTSUSA, provides for overcoats, capes, cloaks, and similar coats. Heading 6214, HTSUSA, provides for shawls, scarves, mufflers and mantillas.

The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes to heading 6214, HTSUSA, state that shawls are usually square, triangular or circular and large enough to cover the head and shoulders. The Explanatory Notes do not define capes.

Capes are defined in Mary Brooks Picken's, The Fashion Dictionary at 56 (3rd. ed. 1973) as an outer garment, of any length, which hangs loosely from the shoulders and usually covers the back, shoulders and arms. A scarf is defined as a wide band of fabric worn loosely in various ways over the shoulders or around the neck. (id., page 312)

The item in question is similar is style to a cape or cloak in construction and appearance. It is designed to cover the entire back and front of the torso and could function as an outer garment to provide protection and warmth. It is therefore more properly classifiable under Heading 6202. The cases cited in your letter, HRL 084617 and 085503, are distinguishable in that those cases classified items which, although oversized, were designed and intended for use as shawls or scarves and therefore within the purview of Heading 6214.

HOLDING:

The garment at issue is classified under subheading 6202.13.4020, HTSUSA, overcoats, carcoats, capes, cloaks...and similar articles, of man-made fibers, other, other, women's, with a duty rate of 29.5 percent ad valorem and subject to textile quota category of 635.

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.

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, 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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