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HQ 088675


June 5, 1991

CLA-2 CO:R:C:T 088675 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030

Mr. Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of a Jacket/Blouse

Dear Mr. Lai:

This is in reply to your letter of February 7, 1991, on behalf of Daymor U.S.A., Ltd., concerning the classification of a woman's upper body garment imported through John F. Kennedy International Airport. Our ruling on the matter follows.

FACTS:

The submitted sample has a woven man-made fiber outer shell; a full woven man-made fiber lining (including sleeves); long sleeves without cuffs; a full front opening secured by three hidden snaps, one large and two small; a V-neckline; shoulder pads that are loosely sewn into the garment; and a simulated stand up collar. The body of the garment consists of eight vertical panels (two forming each front quarter panel and four comprising the back). A decorative satin-like panel with vertical lines of stitching has been sewn to each side of the Vee portion of the front opening.

ISSUE:

The issue presented is whether the sample garment is classifiable as a blouse (in textile and apparel category 641) or as a jacket (in textile and apparel category 635).

LAW AND ANALYSIS:

It is contended that the subject garment is classifiable as a jacket because it has three features which are stated by Customs Textile and Apparel Category Guidelines (C.I.E. 13/88) to be indicative of a jacket. The Guidelines specifically state that garments "having features of both jackets and shirts will be categorized as coats if they possess at least three of the * * * listed features and if the result is not unreasonable."

The three features which are stated to cause the garment to be classifiable as a jacket are (1) a full lining, (2) long sleeves without cuffs, and (3) large jacket/coat buttons. However, the large button on the front opening of the sample is present solely for decorative purposes--it does not perform a utilitarian function. Accordingly, pursuant to the Guidelines, the garment only has two of the listed features and, therefore, is not classifiable as a jacket.

In addition, it must be noted that the Guidelines are merely that, guidelines to be used in determining the common and commercial identity of apparel when the identity is not otherwise clearly established.

It is also contended that the garment cannot be worn in public without a blouse because of the inadequate coverage afforded by the V-neckline. In this regard, our National Import Specialist (NIS) in this commodity area has reported that the "garment provides sufficient coverage for wear without other outer garments." The NIS has further reported:

Jackets are generally worn over other outer garments. They may be worn open, closed or removed. As such when they do feature a functional closure it is usually a substantial readily visible one. Hidden snaps are not intended to be seen; they accommodate a smooth look and allow the addition of a decorative nonfunctional button, etc. We don't believe this garment is intended to be worn over another outer garment, to be worn open or intended to be removed and hung up since the hidden snaps would present an unsightly, unfinished look. Also, the hidden snap closure is insufficiently durable for such a variety of uses.

HOLDING:

The sample garment is classifiable under the provision for other women's blouses of man-made fibers, in subheading 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), with duty, as a product of Hong Kong, at the rate of 28.6 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 641.

Sincerely,

John Durant, Director

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