HQ 0954829 - Classification of women's woven upper body garments; heading, 6211, HTSUSA; Textile Category Guidelines not applicable where no ambiguity exists as to whether garment is a jacket or a blouse.. - United States International Trade Commision Rulings

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HQ 954829

December 21, 1993

CLA-2 CO:R:C:T 954829 SK

CATEGORY: CLASSIFICATION

TARIFF NO.'s: 6211.49.0010 or 6211.49.0085

Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th St., N.W., ste.475
Washington, D.C. 20036

RE: Classification of women's woven upper body garments; heading, 6211, HTSUSA; Textile Category Guidelines not applicable where no ambiguity exists as to whether garment is a jacket or a blouse..

Dear Mr. Lai:

This is in response to your letter of August 16, 1993, requesting a binding classification ruling for two styles of women's garments, referenced style numbers 6556 and 6846. Samples of the subject garments were submitted to this office for examination and will be returned to you under separate cover.

FACTS:

Two samples of women's garments were submitted to this office. In your submission, you request classification of a ladies' 100 percent silk woven blouse and a ladies' 60.7 percent silk and 39.3 percent cotton woven jacket. The samples we received, however, are marked as consisting of 70 percent silk and 30 percent cotton. As the type of fabric used in the construction of these garments is determinative of classification, we will provide the appropriate classification for each of these fiber contents.

Style 6556 is a waist-length garment featuring a full lining, shirt collar, full front opening secured with five buttons, long sleeves (without cuffs) and two slanting pockets at
the waist. The garment has the overall appearance of an Eisenhower-styled jacket and has an adjustable tab waist and an action back pleat.

Style 6846 features a full lining, full front opening secured with four large buttons, shirt collar, long sleeves with shirt cuffs, two waist pockets and a chest pocket. Style 6846 possesses the overall appearance of a sportswear blazer.

ISSUE:

Whether the women's garments at issue are classifiable as blouses or as jackets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be in accordance with the terms of the headings and any relevant section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied in the order of their appearance.

The threshold issue is whether the garments at issue are classifiable as jackets or as blouses. Heading 6204, HTSUSA, provides for "[w]omen's or girls' suits, ensembles, suit-type jackets, blazers... ." The garments at issue are not classifiable within this provision as they do not possess the structured styling or tailoring associated with jackets and blazers of this heading.

Heading 6211, HTSUSA, provides for "[t]rack-suits, ski-suits and swimwear; other garments." This heading also includes women's garments that are excluded from heading 6204, HTSUSA, because they are not styled or tailored in the same manner as suit-type jackets and blazers. This office has previously held that women's jackets that are more casual in appearance are appropriately classified in heading 6211, HTSUSA. See Headquarters Ruling Letter (HRL) 954605, dated October 12, 1993.

In your submission, you state that the garments are classifiable as blouses for two reasons: 1) the garments offer sufficient coverage so that they may be worn alone without other outerwear garments; and 2) the garments are not capable of providing protection against the weather. With regard to the first issue, Customs held in HRL 088476, dated May 10, 1991, that jackets may be worn alone without an underlying blouse or shirt so long as the garment possesses the appearance of a jacket. The second point, that the garments' fabric is too insubstantial to protect against inclement weather, has also been addressed by

Customs in previous rulings. In HRL 950651, dated December 31, 1991, this office classified a men's lightweight 100 percent cotton woven garment as a jacket and determined that "[t]he fact that the fabric used in this garment's construction is rather lightweight does not preclude classification as a jacket. ... [J]ackets may come in various weights... ." The predominantly silk garments currently at issue are similar in fabric weight to other jackets of heading 6211, HTSUSA, such as track-suit ("jogging suit") jackets and windbreakers which are traditionally constructed of lightweight synthetic fibers.

This office need not refer to the Textile Category Guidelines for guidance in the classification of these garments as styles 6556 and 6846 are not hybrid garments possessing characteristics of both jackets and blouses. Both garments have the overall appearance of jackets and are designed in such a manner so as to be suitable for such use. Moreover, no evidence establishing that these garments are designed, marketed and sold as blouses was submitted with your binding ruling request. Accordingly, classification of the subject merchandise is proper under heading 6211, HTSUSA.

HOLDING:

If styles 6556 and 6846 are 70 percent or more by weight of silk, they are classifiable under subheading 6211.49.0010, HTSUSA, which provides for "[t]rack-suits, ski-suits and swimwear; other garments: other garments, women's or girls': of other textile materials... containing 70 percent or more by weight of silk or silk waste," dutiable at a rate of 7.8 percent ad valorem. There is no textile quota category applicable to garments classifiable under this subheading at the present time.

If styles 6556 and 6846 are less than 70 percent by weight of silk, classification is proper under subheading 6211.49.0085, HTSUSA, which provides for "[t]rack-suits, ski-suits and swimwear; other garments: other garments, women's or girls': of other textile materials... other: jackets and jacket-type garments excluded from heading 6202...," dutiable at a rate of 7.8 percent ad valorem. The applicable textile quota category is 835.

The designated textile and apparel categories 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 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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