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HQ 955306


March 1, 1994

CLA-2 CO:R:C:T 955306 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010

Mr. Ba-Sang Yeung
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W., Suite 475
Washington, D.C. 20036

RE: Request for reconsideration of HQ 953612; classification of women's knit jacket; garment possesses several jacket features; absence of pockets does not preclude classification as a jacket; 6102.20.0010, HTSUSA

Dear Mr. Yeung:

This is in response to your letter, dated October 28, 1993, on behalf of I.B. Diffusion, L.P., requesting reconsideration of Headquarters Ruling (HQ) 953612, dated
June 9, 1993, regarding the classification of a women's knit upper body garment. A sample was submitted to this office for examination and will be returned under separate cover.

FACTS:

The submitted sample, referenced style number 77306, is a women's finely knit upper body garment made from 100 percent cotton. The fabric of the garment has more than nine stitches per two centimeters measured in the horizontal direction. The garment features a full-front opening with a heavy-duty zipper, long sleeves with rib knit cuffs, a pronounced rib knit waistband, a baseball-style crew neckline and a chest pocket. Plastic beads and sequins decorate the chest pocket and the back of the garment. The garment covers the wearer's torso from the neck and shoulders to below the waist.

The importer states that the submitted garment is virtually identical to the garment which was the subject of HQ 953612 except that the latter featured side pockets. The importer adds that the garment with pockets was mistakenly submitted as part of the ruling request in HQ 953612 for which a "jacket" determination was issued and that therefore that classification does not reflect the true classification of the submitted garment without the side pockets.

ISSUE:

Whether proper classification of the merchandise is in heading 6110, HTSUSA, which provides for cardigans or in heading 6102, HTSUSA, which provides for women's jackets?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

The Textile and Apparel Category Guidelines (CIE 13/88), dated November 23, 1988, provide guidance in the determination of the appropriate textile categories while insuring uniformity both in the classification of garments and to the HTSUSA. The CIE define jacket, in pertinent part:

It is normally worn over another garment, the presence of which is sufficient for the wearer to be considered modestly and conventionally dressed for appearance in public, either indoors or outdoors or both. Garments in this category have a full or partial front opening, with or without a means of closure...

This definition continues to enumerate eleven factors which might suggest a jacket determination for a garment. One of those factors is "pockets at or below the waist". Nevertheless, the list does not suggest that for a garment to be considered a jacket it must possess pockets. The presence of any combination thereof could equally be indicative of a jacket; as for example, the list goes on to include a heavy-duty zipper, elasticized or rib-knit cuffs, and a rib-knit waistband.

Even though the submitted garment does not feature pockets at the waist, this is not considered a prerequisite for a jacket classification determination. As the CIE guidelines illustrate, so long as the garment possess several other jacket features, as for example in the subject sample, a heavy-duty zipper, elasticized or rib-knit cuffs and a rib-knit waistband, the garment qualifies as a jacket. It is the opinion of this office that the garment is clearly intended for wear over other wearing apparel and that commercially, this garment is sold as a lightweight windbreaker providing extra warmth to the wearer on cool Spring or Fall days. The garment was correctly classified in heading 6102, HTSUSA, as a jacket.

HOLDING:

Style number 77306 is classifiable in subheading 6102.20.0010, HTSUSA, which provides for, among other things, women's windbreakers and similar articles, knitted or crocheted, other than those of heading 6104, of cotton. The applicable rate of duty is 16.9 percent ad valorem and the textile quota category is 335.

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. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, we suggest that the importer check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) categories, the importer should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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