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HQ 954335


July 8, 1993

CLA-2 CO:R:C:T 954335 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081

Mr. John Gammel
Big G Imports Co.
3021 Fifth Ave. So.
Minneapolis, Minnesota 55408

RE: Classification of a men's woven garment

Dear Mr. Gammel:

In your letter of May 11, 1993, you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a men's woven garment manufactured in Mexico. You submitted a sample garment along with your letter.

FACTS:

The sample is a men's woven upper body garment made of 80 percent cotton and 20 percent polyester. It has a full frontal opening without a closure. It has long sleeves, two side patch pockets at the waist, a notched collar, lapels, two front panels and two rear panels. The panels are sewn together lengthwise. There is no lining or interlining.

ISSUE:

What is the HTSUSA classification of the garment?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relevant section or chapter notes.

You suggest classifying the garment under the provision for men's cotton suit-type jackets or blazers, in subheading 6203.32.2040, HTSUSA. Noting the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, however, the garment cannot be classified as a suit-type coat because it lacks a full frontal button or snap opening.

The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) are the official interpretation of the nomenclature at the international level. The EN for Heading 6201, HTSUSA, state that garments classified in the heading provide protection from the cold. Inasmuch as the instant garment does not have any means of closure, it cannot furnish protection from the weather and is not classified in Heading 6201.

Following the rationale of Customs Headquarters Ruling Letter (HRL) 952270 of February 1, 1993, the jacket is classified as a men's other garment in Heading 6211, HTSUSA.

HOLDING:

The instant garment is classified as a men's other cotton garment, in subheading 6211.32.0081, HTSUSA, textile category 359, dutiable at the rate of 8.6 percent ad valorem.

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. Inasmuch as 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
Commercial Rulings Division

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