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HQ 956982




November 22, 1994

CLA-2 CO:R:C:T 956982 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Patricia A. Johnson
C.H. Powell Company
6 Northway Ct.
Eastway Business Park
P.O. Box 270
Greer, S. Carolina 29652

RE: Classification of a women's 100 percent nylon woven pullover

Dear Ms. Johnson:

This ruling is in response to your letter of July 25, 1994, on behalf of David Geoffrey and Associates, regarding the classification of a women's 100 percent nylon woven pullover garment. The garment may be entered through Greenville or Charleston, South Carolina.

FACTS:

You refer to the garment in your letter as a woven windbreaker from Macau. However, the submitted sample is marked "made in Hong Kong". The garment is a pullover with a crew neck of cotton lycra rib knit fabric, raglan style long sleeves with piping and rib knit cuffs, a rib knit waist band and side seam pockets. You indicate the garment is not water resistant, but it is water repellant. You state that it is to be used to "discourage the chill and repel the elements."

The submitted sample is a type of garment commonly sold in golf shops for wear on the golf course. It is designed to be worn over other clothing for protection against the weather. The garment provides additional warmth. In response to a request from this office, you submitted a copy of a catalogue page showing the garment at issue. The garment is identified in the catalogue as a 100 percent nylon taslon windjacket.

ISSUE:

Is the garment classifiable as similar to a windbreaker in heading 6202, HTSUSA, or as an other garment of heading 6211,

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]."

The garment at issue has the basic appearance of a pullover shirt. However, it also has features generally associated with jackets. Reference to the provisions of the HTSUSA and the relevant Explanatory Notes (which are the official interpretation of the HTS at the international level) offer little assistance in this particular case. Therefore, it is reasonable to look to the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, for guidance regarding characteristics normally associated with shirts versus those normally associated with jackets.

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. They offer guidance to the trade community and Customs personnel as to various characteristics of garments. It is important, however, to remember that the Guidelines are not hard and fast rules, but guidance in drawing distinctions between classes of garments.

In the Guidelines at pages 5 and 6, characteristics of shirt-jackets are described and some general guidance in distinguishing between shirts and jackets is given. Shirt- jackets are described as having "full or partial front openings and sleeves, and at the least cover[ing] the upper body from the neck to the waist." Various features are listed and it is stated that provided the result is not unreasonable, if a garment possesses at least three of the listed features it will be categorized as a jacket. Additionally, it states that "[g]arments not possessing at least 3 of the listed features will be considered on an individual basis.

The garment at issue has at least three listed features from the Guidelines, i.e, pockets at or below the waist, rib knit cuffs and a rib knit waistband. However, the garment does not have a full or partial front opening which weighs against a jacket classification. But, the garment has been treated to be water repellant, though not water resistant within the meaning of

U.S. Note 2, Chapter 62, and is advertised as a "windjacket". The garment is held out to the public for use in inclement weather while golfing.

Based upon an overall examination of the features of the garment, its intended use and the manner in which it is advertised to the public for use, Customs believes this garment is most properly classified as a jacket of heading 6202, HTSUSA.

HOLDING:

The garment at issue is classified as a women's woven man- made fiber jacket, similar to a windbreaker, in subheading 6202.93.5011, HTSUSA, textile category 635, dutiable at 29.5 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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