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HQ 950777


March 5, 1992

CLA-2 CO:R:C:T 95077 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.20.2050; 6205.30.2050

Mr. Mike Delgado, President
Lancer International Corporation
1382 N.W. 78th Avenue
Miami, Florida 33126

RE: Classification of a Man's Coarse Woven Hooded Pullover; Shirt vs. Jacket; HQ 081962 Followed

Dear Mr. Delgado:

This is in reply to your letter of October 25, 1991, on behalf of MacLouf Britton, DBA Cool Cactus International Import & Export, concerning the classification of a certain garment produced in Mexico. Our ruling on the matter follows.

FACTS:

The submitted sample is a man's woven pullover which is labeled to be 50 percent cotton, 50 percent acrylic, and is woven with three different colored yarns. It has a permanently attached hood, a V-neck opening, long sleeves that taper slightly to the wrist, a pouch pocket with two side openings at, or slightly above, the waist, and side vents.

ISSUE:

The issue presented is whether the instant garment is classifiable as a shirt, as a jacket or similar garment, or as neither and, therefore, classifiable as an other garment.

LAW AND ANALYSIS:

In Customs Headquarters Ruling Letter HQ 081962, dated May 18, 1988, this office held that a "chamarras de jerga" was classifiable as a shirt. The garment which was the subject of that ruling was described as being made from a coarse, heavyweight woven cotton fabric. It had long sleeves which narrowed slightly at the wrist, a hood, a V-neck with self-fabric tie closure, small side vents, and a kangaroo pouch pocket. While the garment which was ruled on in HQ 081962 was not exactly the same as the instant garment, there are too many similarities between the two garments to ignore that ruling. In HQ 081962, we stated:

We agree with New York that the garment is not designed for wear over other outer garments. The narrowing of the sleeves at the wrist, and the overall fit and style are more like that of a casual pullover shirt than a garment intended for use over other clothes. The fabric, while heavier and coarser than usual shirt fabric, is soft to the touch, and we believe would not be uncomfortable worn against the skin.

As in the merchandise ruled on in HQ 081962, the instant merchandise is made of a fabric that would not be uncomfortable if the garment is worn as a shirt. The two garments both have hoods, V-neck openings, tapering sleeves, side vents, and front pouch pockets.

To assess the probable fit of the unlaundered instant garment, this office compared it with a previously laundered sweat shirt and an unlaundered sweat jacket. All the garments were labeled size L. The subject merchandise is approximately the same width (side seam to side seam) as the sweatshirt and is significantly narrower than the sweat jacket.

In view of the above, this office can find no real distinction between the submitted sample garment and the garment which was ruled to be a shirt in HQ 081962. In reviewing HQ 081962, we are unable to find that the holding of HQ 081962 was in error. Accordingly, based on HQ 081962 and our own observations, the instant garment is classifiable as a shirt.

Where a textile garment is made from blended fiber fabric, Subheading Notes 2(A) and 2(B), Section XI, HTSUSA, require that garment to be classified according to the textile material which predominates by weight over each other textile material. However, if the garment is exactly 50 percent cotton, 50 percent man-made fibers, no single material predominates and the goods are classifiable according to General Rule of Interpretation 3(c), HTSUSA, which requires classification under the subheading which last appears in numerical order. If the imported merchandise is sent to a Customs laboratory for analysis, it will be classified as either "of cotton" or "of man-made fibers", whichever material is found to predominate by weight.

HOLDING:

The submitted sample garment, if in chief weight of cotton, is classifiable under the provision for other men's woven shirts, of cotton, with two or more colors in the warp and/or the filling, in subheading 6205.20.2050, HTSUSA, with duty at the rate of 21 percent ad valorem. The textile restraint category is 340. If the garment is in chief weight of man-made fibers or if the weights of the two components are exactly equal, the merchandise is classifiable under the provision for men's other woven shirts of man-made fibers, with two or more colors in the warp and/or the filling, in subheading 6205.30.2050, HTSUSA, with duty at the rate of 30.9 cents per kilogram plus 27.5 percent ad valorem and with a textile restraint category of 640.

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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