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HQ 950651


December 31, 1991

CLA-2 CO:R:C:T 950651 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2050

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: Classification of men's woven 100% cotton pullover; jacket; 6201, HTSUSA

Dear Mr. Maloney:

This is in response to your inquiry of October 9, 1991, requesting classification of a men's cotton pullover on behalf of your client, Adidas USA, Inc. A sample was submitted for our examination and will be returned to you under separate cover.

FACTS:

The submitted sample, Style No. 34457, is a men's woven 100% cotton warm-up pullover. The garment features long sleeves, rib knit cuffs and a rib-knit waistband. The garment has a shirt type collar and a rib knit panel which extends across the article's V-neck opening.

The subject merchandise is designed to be worn by soccer players over soccer jerseys as a warm-up garment. It is anticipated that the garment will similarly be worn in a non- soccer setting over a shirt.

ISSUE:

Whether the subject merchandise is properly classifiable as a men's jacket under heading 6201 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) which provides for, inter alia, men's cotton jackets, or under 6211, HTSUSA, which provides for men's woven cotton shirts?

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 according to the terms of the headings and any relative section or chapter notes.

The issue in the instant case is whether the submitted sample is properly classifiable as a men's shirt or jacket. The submitted sample potentially lends itself to classification as either a shirt or jacket. Upon examination, we note that the garment has several characteristics which indicate that the article at issue is properly classifiable as a men's jacket:

1) The submitted sample has applied cuffs which are often found on jackets and not on shirts;

2) The garment has a rib-knit waistband;

3) The extremely generous cut of the article is similar to the proportions of a jacket. The armholes and sleeves are extraordinarily large and the blouson silhouette enables this garment to easily accommodate jerseys and other shirts underneath.

The fact that this garment is V-necked with a knit panel extending across the opening does not preclude classification as a jacket. This garment is designed to be a warm-up pullover and as such the knit panel serves to protect an individual from a chill when exercising or before warming up.

No information regarding the fabric weight of this garment was submitted. The fact that the fabric used in this garment's construction is rather lightweight does not preclude classification as a jacket however. Jackets may come in various weights and when used as a warm-up garment, such as is the case here, the fabric weight is appropriate for this type of jacket.

While any one of these factors is not conclusive in and of itself, they are, taken together, clearly indicative of this garment's status as a jacket. Heading 6201, HTSUSA provides for men's coats, jackets and similar articles and the garment at issue is properly classifiable within this provision.

HOLDING:

The subject merchandise is classifiable under subheading 6201.92.2050, 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: of cotton: other: other: men's. The applicable rate of duty is 10% ad valorem and the textile category is 334.

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 your client 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 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, your client should contact its local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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