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NY 805485




January 11, 1995

CLA-2-62:S:N:N3:357 805485

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051; 6205.20.2065

Ms. Carolyn B. Malina
Montgomery Ward
Montgomery Ward Plaza
Chicago, IL 60671

RE: The tariff classification of two men's shirt/jackets from Bangladesh or Pakistan; back vent; notch

Dear Ms. Malina:

In your letter dated December 22, 1994, you requested a classification ruling. Two samples were submitted, both of which have an outershell of either 100% cotton or a blend of 80% cotton/20% polyester.

The first sample, style 1000/1000T, has a full front opening with a seven-button closure, a pointed collar, long sleeves with buttoned cuffs, two chest pockets with buttoned flaps, side seam pockets at the waist, side vents and a back vent. It has a nylon lining quilted to a polyester batting. The shell fabric is a printed flannel.

The second item, style 2000/2000T, is identical to the first except that, rather than a back vent, it has a triangular notch in the center rear.

In support of classification as jackets, you have cited the Textile Category Guidelines which state, in part, that shirt/jackets generally will be classified as jackets if possessing three or more of the listed jacket features, and if the result is not unreasonable. The jacket features on these items include pockets at or below the waist and a full lining. In addition, the first item has a back vent. The second item, however, lacks a third jacket feature. The notch in the center back could not be legitimately considered a vent, which generally provides relief at a stress point by allowing expansion.

The applicable subheading for style 1000T will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of cotton. The duty rate will be 9.9 percent ad valorem.

The applicable subheading for style 2000T will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for men's cotton shirts, other. The duty rate will be 20.9 percent ad valorem.

Style 1000T falls within textile category designation 334. Based upon international textile trade agreements products of Bangladesh and Pakistan are subject to quota restraints and the requirement of a visa.

Style 2000T falls within textile category designation 340. Based upon international textile trade agreements products of Bangladesh and Pakistan are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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 renegotiations and changes, to obtain the most current information available, we suggest that 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 available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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