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HQ 957642



May 8, 1995

CLA-2 R:C:T 957642 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Stephen L. Besler
W.J. Byrnes & Co.
2700 E. Bilby Road, Suite 201
Tucson, Arizona 85706

RE.: Classification of a men's woven nylon garment; CIE 13/88; three jacket features; Memorandum 957468; HQ 957344; HQ 957230; HQ 956982

Dear Mr. Besler:

This is in response to your letter, on behalf of your client, Eurotex Ltd., requesting the classification of a men's woven nylon pullover garment. A sample was submitted to this office for examination and will be returned under separate cover.

FACTS:

The submitted garment, referenced style MWWS, is a men's woven nylon pullover garment featuring a V-neck rib knit crossover neckband, long sleeves with rib knit cuffs, a rib knit waistband, and a 100 percent woven nylon lining.

ISSUE:

Whether the submitted garment is classifiable as a jacket, similar to a windbreaker, or as an other garment?

LAW AND ANALYSIS:

Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. 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 subject garment has the basic appearance of a pullover shirt, but also displays features generally associated with jackets. As such, there are two possible headings in which the submitted garment could be classified. Heading 6205, HTSUSA, provides for men's or boys' shirts. The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, (Guidelines) 13/88, state that shirts have full or partial front openings. The subject garment does not have an opening. Customs has consistently classified garments clearly recognized as men's shirts, although with no opening at the neckline, in heading 6211, HTSUSA, in the provision for shirts excluded from heading 6205, HTSUSA. The other possible classification is in heading 6201, HTSUSA, in the provision for jackets, similar to a windbreaker.

The Guidelines were developed and revised in accordance with the HTSUSA to ensure uniformity, 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. The Guidelines however are not explicit rules, but guidance in the process of drawing distinctions between classes of garments.

In pages 5 and 6 of the Guidelines, characteristics of shirt-jackets are described and some 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 recognized 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, rib knit cuffs, a rib knit waistband and a lining. It is the opinion of this office that the classification of this garment as a jacket, similar to a windbreaker, is not unreasonable. See also Memorandum 957468, dated February 14, 1995; HQ 957344, dated January 18, 1995; HQ 957230, dated November 29, 1994; and HQ 956982, dated November 22, 1994, wherein Customs addresses the proper classification of similar garments as "similar to windbreakers" or as "other" garments.

HOLDING:

The subject garment, referenced style MWWS, is classifiable in subheading 6201.93.3511, HTSUSA, which provides for men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): of man-made fibers: other; men's. The applicable rate of duty is 29.3 percent ad valorem and the quota category is 634.

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 your client 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 the 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, your client should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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