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NY J86695




August 11, 2003

CLA-2-62:RR:NC:N3:360 J86695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of women’s woven shirts from China, the Philippines and Indonesia

Dear Ms. Cummins:

In your letter dated July 9, 2003, on behalf of Authentic Fitness Corp., you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 34109Z4/NB45 is a women’s pullover garment made from 100% cotton lightweight, plain weave fabric. The garment extends below the waist and features long hemmed sleeves; a drawstring hood; two grommet covered holes under each arm for ventilation, side vents and a straight, hemmed bottom. There is a partial front opening with a zipper, approximately 12 inches long and 4mm in width, that reaches the neck which is located above a flapped kangaroo pocket on the center front panel. The garment is not lined nor does it have any tightening at the bottom or the sleeves.

You have referred to this garment as a wind jacket and contend that it is classifiable as a jacket under heading 6202, HTS, based on several Headquarters rulings. Because the garments described in those rulings are readily distinguishable from style 34109Z4/NB45, we maintain that the correct classification of this garment is as a shirt of heading 6211, HTS.

It is your position that this garment is similar in all material respects to the jacket classified in HRL 964027 dated July 13, 2001. Headquarters stated that “this case is a unique situation”. The garments were specially designed men’s athletic wear and Headquarters concluded that the nylon fabric was typical of that used in windbreakers. The fabric in this case is a lightweight, plain weave cotton fabric that is not exclusively or primarily identified with outerwear jackets. HRL 965037 dealt with a garment with tightening at the sleeves, polyester fleece lining the body of the garment and a heavyweight shell fabric, approximately 11.8 ounces per square yard. Clearly this garment can be differentiated from the submitted garment. Finally, in HRL 957013 dated December 12, 1994, Headquarters stated:

Although style Y0383894H possesses only two of the Guidelines' jacket features, this office is of the opinion that it nevertheless creates the overall impression of a jacket. This determination rests primarily on the presence of the front full-length heavy-duty zipper, the teeth of which measure approximately 6 mm in width. Full frontal zippers are relatively uncommon in shirts and the heavy gauge of the zipper serves to further create the impression of a jacket rather than a shirt. Moreover, the presence of a hood on style Y0383894H is further indication that this garment is designed to provide warmth to the wearer.

Style 34109Z4/NB45 does not possess a full length, heavy-duty zipper. The zipper is 4mm in width and appropriate for the weight of the fabric. Furthermore, your argument concerning the presence of a permanently attached hood must be viewed in context and weighed along with the other features of the garment. The presence of a hood cannot be isolated and treated as evidence of the garments’ use as a jacket. Indeed, Customs has classified other garments with hoods as shirts. It is apparent that the garments described in the cited rulings feature other characteristics or combination of features that impart the overall appearance of a jacket - features not present in this garment.

This garment is a hybrid garment exhibiting features associated with both jackets and shirts. It possesses only two features associated with jackets which are also associated with certain styles of women’s shirts, pockets at or below the waist and long sleeves without cuffs. It would be unreasonable to classify this garment as anything other than a shirt.

The applicable subheading for style 34109Z4/NB45 will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton, blouses, shirts and shirt-blousesexcluded from heading 6206. The duty rate will be 8.2 percent ad valorem.

Style 34109Z4/NB45 falls within textile category designation 341. Based upon international textile trade agreements products of China, the Philippines and Indonesia are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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