HQ 0952270 - Classification of a men's woven garment; jacket v. other garment; 6201, HTSUSA, v. 6211, HTSUSA - United States International Trade Commision Rulings

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HQ 952270

February 1, 1993

CLA-2 CO:R:C:T 952270 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.39.0075

Mr. Philip Kwok
Tower Group International, Inc.
W.G. Carroll Division
167-25 Rockaway Boulevard
Suite 200
Jamaica, New York 11430

RE: Classification of a men's woven garment; jacket v. other garment; 6201, HTSUSA, v. 6211, HTSUSA

Dear Mr. Kwok:

This ruling is response to your request of June 16, 1992, on behalf of Collection Clothing Corporation, regarding the classification of a men's upper body woven garment, style #SP- 93032. Shipments of the garment will be entered at the ports of Newark, Los Angeles and JFK Airport. The garment will be imported from Hong Kong and China.

FACTS:

The submitted sample, style #SP-93032, is made of 55 percent linen/45 percent cotton woven fabric. It is constructed with two rear panels and two front panels sewn together lengthwise. The garment features a full-front opening with left over right button closures; a pointed collar; long sleeves with cuffs that have single button closures; horizontal flapped, patch pockets at the waist, diagonal inset pockets above the patch pockets, and a rear vent with a button closure.

ISSUE:

Is the submitted sample, #SP-93032, classifiable as a jacket of heading 6201, HTSUSA, or as an other garment of heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, offer guidance to the trade community and Customs personnel as to various characteristics of garments. The Guidelines were developed and revised in accordance with the HTSUSA to insure uniformity, to facilitate statistical classification, and to assist in the determination of the appropriate textile categories established for the administration of the Arrangement Regarding International Trade in Textiles. It is important to remember that the Guidelines are not hard and fast rules, but guidance in drawing distinctions between classes of garments. When faced with garments such as those at issue herein, we believe it is appropriate to look to the Guidelines.

The garment at issue herein is a hybrid garment. It possesses some features generally associated with shirts and some which are associated with jackets. In regard to garments such as this, the Guidelines, at page 6, list various features generally associated with jackets. Provided that the result is not unreasonable, if a garment possesses at least three of the listed features, then, according to the Guidelines, the garment should be considered a jacket.

The garment has pockets at or below the waist, a back vent and large jacket/coat style pockets. Taking into consideration these features in addition to the overall impression created by the garment, Customs views it reasonable to consider this garment a jacket.

Heading 6201, HTSUSA, provides for, inter alia, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets). The Harmonized Commodity Description and Coding System Explanatory Notes provide in the notes for heading 6101, which apply mutatis mutandis to heading 6201, that the heading covers a category of garments "characterised by the fact that they are generally worn over all other clothing for protection against the weather."

The submitted jacket is made of a linen/cotton blend fabric. The fabric and the styling of the garment are not typical of garments worn for protection against the weather. The garment is not, in our view, similar to windbreakers or anoraks. -3-

The jacket is classifiable in heading 6211, HTSUSA, as an other garment since it is not classifiable in heading 6201, HTSUSA, and there is no other more specific heading within which it could be classifiable.

HOLDING:

The garment at issue, #SP-93032, is classifiable as a men's woven other garment, jacket or jacket-type garment excluded from heading 6201, of other textile materials, in subheading 6211.39.0075, HTSUSA, textile category 834, dutiable at 3 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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