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HQ 960332




December 14, 1998

CLA-2 RR:CR:TE 960332 gah

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.65.3510

Dale Gross
Escoma Workwear, Inc.
12 Channel Street, Suite 603
Boston, MA 02210

RE: Revocation of classification ruling NY 801738; chef's jacket and pants from South Africa; headings 6211, 6204 and 6206, HTSUSA; garments not protective clothing

Dear Mr Gross:

This is in regard to New York ruling (NY) 801738 that was issued to you on September 12, 1994, which addressed the tariff classification of a chef's jacket and pants under the Harmonized Tariff Schedule of the United States, Annotated (HTSUSA). We have reviewed this ruling in light of the publication of Headquarter's Rulings (HQ) 9599974 and 959817 of April 7, 1997, and 960333 of September 24, 1997. Based upon these rulings, we have determined that (NY) 801738 is incorrect.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY 801738 was published on November 11, 1998, in the Customs Bulletin, Volume 32, Number 45.

FACTS:

In NY 801738, Customs classified a unisex chef's jacket and pants consisting of 65/35 polyester/cotton blend and 50/50 polyester/cotton blend, respectively. The jacket is double breasted, with long sleeves, a left breast pocket and a Mandarin collar, with a wider opening at the front of the neck. The pants, of a traditional check design worn by chefs, are designed with two slash pockets, a patch pocket at the back and belt loops.

ISSUE:

Whether the garments are properly classifiable in heading 6211, HTSUSA, which provides for, inter alia, other garments not more specifically provided for elsewhere, or in headings 6206, women's blouses and shirts and 6204, which provides for, inter alia, women's trousers?

LAW AND ANALYSIS:

Classification of merchandise 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 is determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI, taken in order.

Heading 6211, HTSUS, provides for, in relevant part, other garments. The Explanatory Notes to 6211 indicate, by reference to heading 6114, that heading 6211 includes protective clothing. Customs has considered the meaning of protective clothing and has determined that the phrase indicates garments of a kind that have special design features or unique properties that distinguish them from other garments that are not used for protective purposes. HQ 959136 and HQ 959974, for example. The chef's jacket and pants provide the wearer with the coverage of any outerwear, but have no protective design features or properties, as we now construe those terms. Therefore, they are more specifically provided for at GRI 1 in headings earlier in the chapter.

Garments which cannot be identified as either men's or women's garments are to be classified in the headings covering women's garments. Chapter 62, note 8. The jacket and pants do not meet the definition of an ensemble, because they are made up of different fabric with different fiber content. See Chapter 62, note 3(b).

The chef's jacket is not described as having features which would distinguish it as a jacket rather than a shirt worn outside the waistband, in terms of its features, detailing or notions, within the tariff meaning of the term jacket. Therefore, the upper body garment is more properly classified in heading 6206, as a blouse or shirt. It is composed of a 65/35 polyester/cotton blend, and by virtue of section XI, subheading note 2(A) and chapter 54, note 1, is classified as of man-made fibers. Heading 6204, HTSUS, provides for in pertinent part, women's trousers. These trousers are made of a 50/50 polyester/cotton blend and are classified as synthetic trousers. Section XI, subheading note 2(A) and chapter 54, note 1(a).

HOLDING:

The subject chef's jacket is classified in subheading 6206.40.3030, HTSUSA, of man-made fibers, other, other, other, women's. The applicable general column rate of duty is 27.9 percent ad valorem and the quota category is 641. The chef's trousers are classified in subheading 6204.63.3510, HTSUSA, as women's trousers of synthetic fibers. The applicable general column rate of duty is 29.7 percent ad valorem and the quota category is 648.

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 renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status on Current Import Quotas (Restraint Level), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. NY 801738 is revoked.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

NY 801738, dated September 12, 1994, is hereby revoked. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Commercial Rulings Division

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