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HQ 965155




August 21, 2002

CLA-2 RR:CR:TE 965155 BAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

David A. Riggle
Riggle and Craven
19 South LaSalle Street – Suite 601
Chicago, Illinois 60603-1403

RE: Classification request on men’s knit shirt-styled garment; HQ 965419, dated February, 8, 2002, Incorporated by Reference.

Dear Mr. Riggle:

This is in reply to a letter, dated March 14, 2000, submitted by Mr. Joe Walker of Kuehne & Nagel, Inc. on behalf of Core Resources Inc., requesting a ruling concerning the classification of a hunting safety jacket imported from Myanmar (Burma) and to your additional submission, dated April 20, 2001. A sample of the jacket was submitted to assist us in our determination.

FACTS:

The merchandise under consideration is a men’s fully lined shirt-styled garment, identified by style name and number Acclimate/338. The shell is made from 100 percent polyester/tricot knit with a brushed suede finish. The quilted lining is 100 percent polyester, woven fabric with 100 percent polyester polyfill batting. The garment has a self fabric spread collar, a full front opening with seven button closures, long sleeves with buttoned cuffs, two expandable patch pockets on the chest with buttoned flaps, a center rear pleat below the yoke, and a straight, hemmed bottom. A customs laboratory report, dated June 7, 2002 states that the greige unfinished fabric is engineered to be pile. More specifically, at the time of knitting the fabric does not have raised loops or floats.

ISSUE:

What is the tariff classification of the men’s knit shirt-styled garment?

LAW AND ANALYSIS:

The classification of substantially similar merchandise was addressed in HQ 965419, dated February 8, 2002. The men’s shirt-styled garment composed of 100 percent polyester, tricot knit fabric laminated to a plastic film is substantially similar in construction and function to the hunting apparel made of laminated knit fabric classified in HQ 965419. In HQ 965419, it was determined that the garments made of laminated knit fabric were properly classifiable under subheading 6113.00.90, HTSUSA, which is the provision for garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. The legal reasoning and analysis employed in HQ 965419 is attached to and made a part of this ruling letter. As the subject merchandise is substantially similar to the merchandise addressed in the aforementioned ruling, the merchandise would be classified accordingly.

Having made the determination that the garment is properly classifiable under subheading 6113.00.90, HTSUSA, we must examine whether or not the garment should be classified as a shirt or a jacket. We believe that Style Acclimate/338 is designed to be worn as an outdoor garment, as evidenced by the laminated fabric used for the garment shell, in conjunction with the full quilted polyfill lining. The coated fabric is windproof and provides a degree of protection against the elements. It is not the type of fabric associated with shirting materials. Style Acclimate/338, which is blaze orange in color, is designed as a shirt-type jacket for wear over other outer clothing as hunting apparel. Consequently, we believe that the garment is an outerwear garment and is properly classifiable as a jacket under subheading 6113.00.9025, HTSUSA the provision for men’s or boys’ jackets made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907.

HOLDING:

The men’s fully lined knit shirt-styled garment with an outer shell of 100% polyester, tricot knit fabric laminated to a plastic film with a quilted lining of 100 percent polyester, woven fabric and a 100 percent polyester polyfill batting is properly classified in subheading 6113.00.9025, HTSUSA, which provides for “Garments, made up of a knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Coats and jackets: Other: Men’s or boys’”. The applicable general column one rate of duty is 7.2%. The textile quota category applicable to this provision is 634. Headquarters Ruling Letter 965419 is attached to and made part of this ruling letter.

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

Sincerely,

Myles B. Harmon
Acting Director

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