HQ 0089036 - Textile and Apparel Category Applicable to a Pullover Waterproof Garment - United States International Trade Commision Rulings

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HQ 089036

July 10, 1991

CLA-2 CO:R:C:T 089036 PR

CATEGORY: CLASSIFICATION

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

RE: Textile and Apparel Category Applicable to a Pullover Waterproof Garment

Dear Gentlemen:

This is in reply to your letter of March 12, 1991, on behalf of Patagonia, Inc., concerning the classification of a shipment of garments imported at the port of Los Angeles (Seaport entry No. 44211748270). Our ruling on the matter follows.

FACTS:

The submitted sample, style 86121, appears to be a man's upper body garment designed to protect against inclement (wet) weather. It is an unlined hooded long sleeve pullover with a large zippered patch pocket located in the center of the front panel and no opening at the neck. The sleeve ends are elasticized and have Velcro-like tightenings. The bottom of the garment is tightened with a drawstring. The hood is extremely close fitting and is also tightened by means of a drawstring. It is made from a woven nylon fabric that has been visibly coated, covered, or laminated with plastics material. The seams have been taped to prevent water penetration.

It is not indicated how the merchandise was classified. However, the inquirer has stated that it "is of the view that the garment has been correctly licensed as shirt in Category 640 instead of Category 633/634 as demanded by Customs Service at Long Beach."

ISSUE:

The issue presented is whether the sample garment is classifiable as a shirt (in category 640), or as a jacket (in category 634).

LAW AND ANALYSIS:

The Textile and Apparel Category Guidelines (CIE 13/88; 53 F.R. 52563, December 28, 1988) have been obliquely referred to by the inquirer in support of its position that the garments in question are "shirts". However, the following is clearly stated in the beginning of the Guidelines.

These guidelines do not purport to take into account every possible fabric, construction, and styling combination * * * As such, these guidelines are intended as indications of the types of construction and styling most likely to be encountered. Certain types of garments are so closely related in use, though, that the corresponding category designations seem to overlap. In such situations it should be remembered that the guidelines are to be used as an aid in determining the commercial designation * * * of an article.

In this instance the sample speaks eloquently for itself. It is clearly a pullover jacket designed to be worn over a shirt or other outer garment and certainly would not usually be worn as a shirt. Where the fabric and construction of a garment establish with certainty the identity of that garment, the guidelines may not be utilized to defeat that garment's proper classification.

The portion of the Guidelines which states that coats and jackets must have full or partial front openings is obviously incorrect. The instant sample provides ample evidence of that fact. In addition, it is noted that such articles of apparel as ponchos, which normally do not have full or partial front openings, are classifiable under provisions for coats or jackets (or garments similar to coats or jackets) and fall within categories for coats and jackets.

HOLDING:

Based on the above, the textile and apparel category applicable to this merchandise is 634.

Your sample is being returned under separate cover.

Sincerely,

John Durant, Director

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