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HQ 952927


January 27, 1993

CLA-2 CO:R:C:T 952927 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.42.0050; 6206.30.3010

Mr. Douglas Lancaster
Shah Safari Incorporated
14 West Roy
Seattle, Washington 98119-3828

RE: Classification of two styles of women's woven upper body garments; jackets v. blouses; 6202, HTSUSA, v. 6206, HTSUSA, v. 6211, HTSUSA

Dear Mr. Lancaster:

This ruling is in response to your request of October 2, 1992, regarding the classification of two styles of women's woven upper body garments. The garments, styles J0113092 and J0178693, will be imported into the port of Seattle/Tacoma from India or Nepal.

FACTS:

Style J0113092 is made from 100 percent cotton woven yarn dyed, plaid shirting fabric. The garment is a loose-fitting, long- sleeved, pullover with a hood and a partial front opening secured by a self-fabric tie which also acts as a drawstring for the hood. The garment features a drawstring bottom, side seam pockets below the waist and elasticized edges on the sleeves.

Style J0178693 is also made from 100 percent cotton woven yarn dyed, plaid shirting fabric. The garment is sleeveless and features a full front opening secured by six buttons, a hood with a drawstring, two chest patch pockets with button secured flaps and a rounded shirt bottom.

ISSUE:

Are the garments at issue classifiable in heading 6202, HTSUSA, which provides for, among other things, anoraks, windbreakers and similar articles; or, in heading 6206, which provides for women's and girls' shirts, blouses, and shirt- blouses; or, in heading 6211, HTSUSA, which provides for other garments? -2-

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]."

Heading 6202, HTSUSA, provides for, among other things, anoraks, windbreakers and similar articles. Style J0113092 is of a design generally associated with anoraks. However, the Explanatory Notes to the Harmonized Commodity Description and Coding System (Explanatory Notes), the official interpretation of the HTS at the international level, provide in regard to heading 6202, referring back to the notes for heading 6102, that the garments of this heading are generally characterized "by the fact that they are generally worn over all other clothing for protection against the weather." Style J0113092 is made of 100 percent cotton woven shirting fabric. Based upon the fabric, Customs does not view this garment as a jacket of heading 6202 although it is of an anorak-style design. This garment would offer minimal protection to the wearer against the weather.

Having determined that style J0113092 is not classifiable as an anorak or similar article of heading 6202, HTSUSA, even though the garment is an anorak-style garment, we must determine if the garment is a shirt or a jacket. Due to its styling, it possesses some features usually associated with jackets.

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 a garment such as style J0113092, it is appropriate to look to the Guidelines.

On page 6 of the Guidelines, various characteristics normally associated with jackets are listed. Among the features listed are pockets at or below the waist, elasticized cuffs and drawstring waistband; three features present on style J0113092. -3-

However, the Guidelines state that "garments having features of both jackets and shirts will be categorized as coats if they possess at least three of the * * * listed features and if the result is not unreasonable." (emphasis added).

Customs believes that in regard to style J0113092, classification as a jacket would be unreasonable. Based upon the appearance of the garment and the fabric from which it is made, we believe the garment will be principally worn as a shirt and not over other garments as a jacket. Therefore, style J0113092 is classifiable as a shirt.

As to style J0178693, based upon the appearance and fabric of the garment we believe there is no issue that it is a shirt, the issue is merely in which heading is the garment classifiable.

Heading 6202, HTSUSA, provides for women's and girls' blouses, shirts and shirt-blouses, not knit or crocheted. The Explanatory Notes for heading 6206 provide that the heading does not cover garments with pockets below the waist or with a ribbed waistband or other means of tightening at the bottom of the garment. Thus, style J0113092 is not classifiable in heading 6206.

HOLDING:

Style J0113092 is classifiable as a women's woven cotton blouse, shirt or shirt-blouse, excluded from heading 6206 in subheading 6211.42.0050, HTSUSA, textile category 341, dutiable at 8.6 percent ad valorem. Style J0178693 is classifiable as a women's woven cotton blouse, shirt or shirt-blouse, with two or more colors in the warp and/or the filling in subheading 6206.30.3010, HTSUSA, textile category 341, dutiable at 16.4 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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