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HQ 967840




November 2, 2005

CLA-2 RR:CR:TE 967840 BtB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: Classification of men’s and boy’s short-sleeved batting jackets made in Macau

Dear Ms. Stubblefield:

This is in reply to your letter dated June 24, 2005, to the National Commodity Specialist Division (“NCSD”) requesting classification of two short-sleeved “batting jackets” identified by style numbers P1165 and P1165Y under the Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”). Your letter was forwarded by the NCSD to this office for a reply.

On October 7, 2005, you supplemented your request, notified us of minor changes to the styles, and provided us with a new sample. Additionally, you informed us that the styles at issue are now identified by style numbers 3235 and 3236, with the only difference between the two being that the style 3235 is for men and style 3236 is for boys. This letter sets forth the classification of both styles under the HTSUSA. Because the styles are identical except for size, we refer to them jointly as “style 3235.”

FACTS:

Style 3235 is a pullover with an outer shell of thin nylon woven fabric with a polyurethane coating. You state that this fabric is “water-resistant and wind-resistant.” The coating is not visible to the naked eye. Style 3235 has an oversized fit, short sleeves hemmed at their bottoms, a rounded neckline with no collar, a partial front opening secured by two large jacket-style snaps, a partial polyester mesh lining (extending to just below the shoulder) under a yoke-style back. It has knit rib shoulder insets (extending from the back of the shoulder to the armpit) that appear to be designed to provide added mobility of the arms. The style has a hemmed bottom with no tightening element, such as a drawstring. The sample of style 3235 that you provided is completely black and has no printing or logo.

ISSUE:

Whether style 3235 is classifiable as a men’s shirt in heading 6205, HTSUSA, as a men’s jacket under heading 6201, HTSUSA, or in heading 6211, HTSUSA, as an “other” garment.

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." If the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied, in order.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Heading 6201, HTSUSA, 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.” Heading 6205, HTSUSA, provides for: “Men’s or boys’ shirts.”

The EN to heading 6205 state, in pertinent part, that heading 6205 “does not cover garments having the character of wind-cheaters, wind-jackets, etc. of heading 62.01, which generally have a tightening at the bottom .”

CBP recognizes that garments may possess features of both shirts and jackets. CBP considers such garments to be “hybrid garments.” See generally Headquarters Ruling (HQ) 967188, dated January 28, 2005. We find the style at issue, style 3235, to be one of these garments. When the identity of a garment is ambiguous for classification purposes, reference to The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88 ("Guidelines") is appropriate.

The Guidelines were developed and revised in accordance with the HTSUSA to ensure uniformity, to facilitate statistical classification, and to assist in the determination of the appropriate textile categories established for the administration of the Arrangement Regarding International Trade in Textiles. The Guidelines offer the following with regard to the classification of men’s or boy’s shirt-jackets:           

Three-quarter length or longer garments commonly known as coats, and other garments such as waist length jackets fall within this category . A coat is an outerwear garment which covers either the upper part of the body or both the upper and lower parts of the body. It is normally worn over another garment, the presence of which is sufficient for the wearer to be considered modestly and conventionally dressed for appearance in public, either indoors or outdoors or both. Garments in this category have a full or partial front opening, with or without a means of closure. Coats have sleeves of any length. 

C) Shirt-jackets have full or partial front openings and sleeves, and at the least cover the upper body from the neck area to the waist . The following criteria may be used in determining whether a shirt-jacket is designed for use over another garment, the presence of which is sufficient for its wearer to be considered modestly and conventionally dressed for appearance in public, either indoors or outdoors or both:

Fabric weight equal to or exceeding 10 ounces per square yard .

A full or partial lining.

Pockets at or below the waist.

Back vents or pleats. Also side vents in combination with back seams.

Eisenhower styling.

A belt or simulated belt or elasticized waist on hip length or longer shirt-jackets.

Large jacket/coat style buttons, toggles or snaps, a heavy-duty zipper or other heavy-duty closure, or buttons fastened with reinforcing thread for heavy-duty use.

Lapels.

Long sleeves without cuffs.

Elasticized or rib-knit cuffs.

Garments having features of both jackets and shirts will be categorized as coats if they possess at least three of the above listed features and if the result is not unreasonable . Garments not possessing at least three of the listed features will be considered on an individual basis. See Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88 at 5-6 (Nov. 23, 1988) and the CBP Informed Compliance Publication (ICP) What Every Member of the Community Should Know About: Apparel Terminology Under the HTSUS, (Jan., 2004).

The Guidelines offer the following with regard to the classification of men’s or boy’s shirts, not knit:

These categories cover male outer garments which extend from the neck and shoulder areas to or below the waist. A shirt should have a full or partial front opening, which closes left side over right side. These garments are worn over underwear or the skin and are considered conventional attire indoors and outdoors without other garments over them; they suffice the wearer except where circumstances dictate that a further degree of formality is required or where weather conditions necessitate additional protection. Shirts must have sleeves. Id. at 15.

In this case, style 3235 has two of the listed features of a shirt-jacket, a partial lining and jacket-style snaps. Under the Guidelines, therefore, the style must be considered on an individual basis. We acknowledge that the style 3235 does have certain characteristics associated with garments of heading 6201, specifically wind-cheaters or wind-jackets. First, the style has a shell constructed primarily of nylon woven fabric with a polyurethane coating, which is typically used in windbreakers. See generally HQ 967188. Second, while the article has not been tested for water resistance, you have stated that this style is “water-resistant and wind-resistant,” characteristics also typically associated with the garments of heading 6201. Id. Additionally, the style’s oversized fit suggests it will be worn over other garments, like a jacket. Unlike the Guideline’s description of men’s or boy’s non-knit shirts, the style will not be worn over merely underwear or the skin and would not be considered conventional attire. Still, however, style 3235 also has some characteristics not associated with heading 6201. First, style 3235 does not have a tightening at its bottom, a general characteristic of garments of heading 6201 recognized in the EN to heading 6205. Second, and more importantly, style 3235 will not be primarily worn for protection against inclement weather, as garments of heading 6201 are typically worn. See generally HQ 957230, dated November 29, 1994.

Keeping its distinct features in mind, CBP has extensively researched the garment at issue and its principal use. We find your description of the style as a “batting jacket” to be accurate. More specifically, the garment is a “short sleeved batting jacket” that is worn by baseball or softball players over their uniforms during batting practice or warmup. Substantially similar batting jackets are manufactured or sold by major baseball apparel companies and are used by players from kid’s to professional leagues. The garment is primarily worn to help a player retain body heat, thereby facilitating warmup. It also helps a player keep his or her uniform clean before game time.

Heading 6211, HTSUSA, provides for: “Track suits, ski-suits and swimwear; other garments. The EN to heading 6211 states, in pertinent part, that the EN to heading 6114 concerning other garments apply, mutatis mutandis, to the articles of heading 6211. Heading 6114 provides for: “Other garments, knitted or crocheted.” The EN to this heading state, in relevant part:

This heading covers knitted or crocheted garments which are not included more specifically in the preceding headings of [Chapter 61].

The heading includes, inter alia:

(5) Special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockeys’ silks, ballet skirts, leotards).

CBP considers that the term "certain" limits the scope of the heading to those articles of sporting apparel which, protective or otherwise, are as a general matter, worn only while engaging in the activity for which they were designed. See HQ 957469, dated November 7, 1995, on the classification of knit baseball and football compression shorts. Thus, while football pants or baseball pants might be classifiable in heading 6211, such articles as tennis or rugby shorts, which are often worn off the court or playing field, would most likely not be so classifiable. Id. In determining if a particular garment is classifiable as a special article of sports apparel classifiable in heading 6114 or, as in this case, heading 6211, CBP has looked to whether the garment is designed to be worn while engaged in a specific sport as illustrated by its ability to serve a particular function for that sport, such as, give additional protection to the wearer, and its recognized uniqueness to that sport. Id. Finally, and crucially, CBP also looks to whether the garment would be worn only while participating in the sport for which it is designed and would not ordinarily be worn at any other time.

Style 3235 is specifically to be worn while engaged in baseball or softball and the garments’ design features are specially suited to those sports. The garment is primarily worn to help a player retain body heat, thereby facilitating warmup. The style’s short sleeves and knit rib shoulder insets allow arm mobility while throwing or batting. While the style may be water and wind resistant, it is not principally worn for protection against inclement weather as a jacket or jacket-type garment of heading 6201, HTSUSA. Many of its features (short sleeves, rounded neckline with no collar, and hemmed bottom) evidence that the article is not designed for protection against the elements. Due to its unique construction and lack of qualities that would make the article practical or desirable to wear at times other than playing baseball or softball (protection against the elements, the presence of team logos, etc.), we find that the style would not ordinarily be worn at any other time than while playing these sports.

Due to its distinct styling and use, style 3235 is not a jacket or jacket-type garment of heading 6201, HTSUSA, or a shirt of heading 6205, HTSUSA, although the garment may possess features of articles of both headings. Consequently, style 3235 is not classified in subheading 6211.33.0058, HTSUSA, which provides for: “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys: Of man-made fibers, Jackets and jacket-type garments excluded from heading 6201” or subheading 6211.33.0040, HTSUSA, which provides for: “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys: Of man-made fibers, Shirts excluded from heading 6205.”

HOLDING:

The men’s batting jacket identified as style 3235 and the boy’s batting jacket identified as style 3236 are classified in subheading 6211.33.0061, HTSUSA, which provides for: “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys: Of man-made fibers, Other.” The applicable column one, general rate of duty for the merchandise under the 2005 HTSUSA is 16% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on the world wide web at www.usitc.gov.

The men’s batting jacket identified as style 3235 and the boy’s batting jacket identified as style 3236 fall within textile category 659. Quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Sincerely,

Gail A. Hamill, Chief

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