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HQ 952286


December 01, 1992

CLA-2 CO:R:C:T 952286 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6201.12.2050, 6201.12.2025

Mr. Eric Jones
Eric Jones Customs Brokerage
5777 W. Century Blvd.
Suite 380
Los Angeles, CA 90045

RE: Classification of two styles of men's garments; jackets; 6201, HTSUSA v. 6211, HTSUSA; garments similar to windbreakers or other garments; Textile Category Guidelines

Dear Mr. Jones:

This ruling is in response to your letter of June 22, 1992, on behalf of Snowmass Apparel Inc., requesting the classification of two styles of men's garments. Your request, with samples, was forwarded to this office for a response. The garments will be manufactured in Hong Kong and entered at the port of Los Angeles.

FACTS:

Style 118604 is a men's garment consisting of a body of 100 percent cotton woven denim fabric with a permanently attached hood of 100 percent cotton fleeced knit fabric. The garment covers the upper body and features a full frontal opening secured by five metal snaps, long sleeves with adjustable snap cuffs, a patch pocket at the chest on the left side, two side slit pockets at the waist and a drawstring closure on the attached hood. The cotton denim fabric was tested and found to weigh 348.8 grams per square meter.

Style 111584 is a men's garment consisting of a body of 100 percent cotton corduroy fabric with a permanently attached hood of 100 percent cotton fleeced knit fabric. The garment covers the upper body and features a full frontal opening secured by secured by five metal snaps, long sleeves with elasticized cuffs, a patch pocket at the chest on the left side, two side slit pockets at the waist and a drawstring closure on the attached hood. The cotton corduroy fabric was tested and found to weigh 317.5 grams per square meter.

ISSUE:

Are the garments at issue classifiable as jackets, similar to anoraks and windbreakers in heading 6201, HTSUSA, or are they classifiable in heading 6211, HTSUSA, as other garments?

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 garments at issue herein are hybrid garments. They possess some features generally associated with shirts and some which are associated with jackets. In regard to garments such as these, 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.

Styles 118604 and 111584 each possess at least three of the listed features--fabric weight equal to or exceeding 10 ounces per square yard, pockets at or below the waist, and large jacket/coat style snaps. In addition, style 118604 has adjustable snaps on the sleeve cuffs; style 111584 has elasticized cuffs (a listed feature). Both garments also feature permanently attached knit hoods with drawstrings. Hoods are not normally associated with shirts, but with jackets. Taking into consideration the guidance provided by the Guidelines, Customs considers both style 118604 and 111584 to be jackets.

Having established that the garments at issue are jackets, Customs must still decide if they are truly jackets of heading 6201, HTSUSA. Heading 6201, HTSUSA, provides for, among other things, men's or boys' anoraks, windbreakers and similar articles. The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the HTSUS at the international level, provide guidance in determining the scope of the various headings of the tariff. The explanatory notes for heading 6201 refer back to the notes for heading 6101 which indicate that the heading provides for men's or boys' garments which are "characterised by the fact that they are generally worn over all other clothing for protection against the weather."

The garments at issue are of fairly heavy-weight fabric. They each possess fleeced hoods to provide warmth and protection to the head and long sleeves that are fitted at the wrist. Customs believes that styles 118604 and 111584 are similar to windbreakers in that they would be worn over other clothing for added warmth and protection against the wind. Additionally, they possess features generally associated with windbreakers such as the attached hoods, pockets below the waist and heavy-duty snaps.

HOLDING:

Style 118604 is classifiable as a woven cotton jacket similar to a windbreaker in subheading 6201.12.2050, HTSUSA. Style 111584 is classifiable as a woven corduroy jacket similar to a windbreaker in subheading 6201.12.2025, HTSUSA. Both garments fall within textile category 334 and are dutiable at 10 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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