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HQ 954802


November 1, 1993

CLA-2 CO:R:C:T 954802 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.43.0078

Robert Stack, Esq.
Siegel, Mandell & Davidson, P.C.
1515 Broadway
One Astor Plaza, 43rd Fl
New York, New York 10036

RE: Classification of a women's cardigan-style garment

Dear Mr. Stack:

This ruling is in response to your request of July 8, 1993, on behalf of Frederick Worldwide Company, seeking the classification of a women's cardigan-style garment which will be imported from Singapore. A sample garment was received with your request and will be returned under separate cover.

FACTS:

The garment at issue, style 8020, is a women's cardigan-style garment. The garment is constructed with a body and sleeves of 65 percent polyester/35 percent cotton woven fabric and trim (waistband, cuffs, pocket tops and placket) of 65 percent polyester/35 percent cotton rib knit fabric. The garment consists of two rear panels and four front panels sewn together lengthwise, with two of the front panels and the back panel extending to form raglan sleeves. The garment has a deep V-neck full front opening with a five-button closure, a rib knit placket which extends the length of the front opening and around the neckline, long sleeves with rib knit cuffs, a rib knit waistband and two front pockets which extend below the waist and are trimmed with rib knit fabric. The button closure for the garment buttons right over left.

ISSUE:

Is the garment at issue, style 8020, classifiable as: a jacket of heading 6202, HTSUSA, which provides for, inter alia, women's anoraks, windbreakers and similar articles; or, as a -2-
jacket of heading 6204, which provides for, inter alia, women's suit-type jackets and blazers; or, as a women's 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]."

Heading 6202 provides for, among other things, women's anoraks, windbreakers and similar articles. The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the HTS at the international level, state, in relevant part, in regard to the coverage of this heading that the heading covers a category of garments characterized by the fact that they are generally worn over other clothing for protection against the weather. [Applying the EN for heading 6101 which is applicable, mutatis mutandis, to heading 6102 and 6202.]

The garment at issue is not similar to anoraks or windbreakers. Nor, do we believe it falls within the description in the EN of the type of garments classifiable in heading 6202, HTSUSA. Style 8020 is most similar to a sweater in styling and is use. However, style 8020 is a woven garment and thus not of a typical construction generally associated with sweaters. While we view the garment as a type of jacket, it does not provide the protection against the weather associated with the exemplars in heading 6202, HTSUSA, not is it similar to these garments. Therefore, style 8020 is not classifiable in heading 6202, HTSUSA.

As the garment at issue is viewed as a jacket-type garment, heading 6204, HTSUSA, which provides for women's suit-type jackets and blazers must be considered. Style 8020 is not classifiable in heading 6204, HTSUSA, because it lacks the structured styling and tailoring generally associated with suit-type jackets and blazers.

The remaining heading in which to classify style 8020 is heading 6211, HTSUSA, which provides for other garments. The decision to classify this garment in heading 6211, HTSUSA, is in accord with the decision in HRL 087043 of July 30, 1990, on the classification of a similar garment. The garment at issue therein was a men's woven cardigan-type garment. Classification
as a jacket of heading 6201, HTSUSA, was rejected and the garment was classified in heading 6211, HTSUSA, as there was no heading which specifically provided for the garment.

Since the issuance of HRL 087043, the statistical breakouts for heading 6211, HTSUSA, have been amended to include a breakout for jackets and jacket-type garments. Customs views the garment at issue herein, style 8020, as a jacket-type garment. The garment is worn over other garments much like a sweater would be worn for slight additional warmth. While the garment is not a jacket similar to the garments of heading 6202, HTSUSA, or heading 6204, HTSUSA, it is a jacket-type of garment not provided for specifically in any of the headings of chapter 62.

HOLDING:

The garment at issue, style 8020, is classifiable as a women's woven other garment, of man-made fibers, jacket-type garment excluded from heading 6202 in subheading 6211.43.0078, HTSUSA, textile category 635, dutiable at 17 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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