CLA-2 CO:R:C:G 087043 CC
Mr. Jonathan M. Fee
Grunfeld, Desiderio, Lebowitz & Silverman
1201 West Peachtree Street, N.E.
Suite 4660
Atlanta, GA 30309
RE: Classification of a men's woven garment, similar to a
cardigan sweater, not classifiable as a jacket, classifiable
in Heading 6211 as an other garment
Dear Mr. Fee:
This letter is in response to your inquiry of March 30,
1990, requesting tariff classification of a men's woven garment.
A sample was submitted for examination.
FACTS:
The submitted sample, your reference number 90-8002-5(2)I,
is a men's woven garment composed of 64 percent cotton, 35
percent rayon, and 1 percent lycra. The garment has long sleeves
with rib knit cuffs, a full frontal opening with a three button
closure, and a rib knit waistband. The buttons are on the lower
portion of the garment and, when in use, leave the upper portion
of the garment open, extending in a V-shape from the collarbone
to the top button.
ISSUE:
Whether the submitted sample is classifiable as a jacket in
Heading 6201 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA)?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
You requested that the sample garment be classified as a
jacket in Heading 6201, HTSUSA, which 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. The
Explanatory Notes, the official interpretation of the HTSUSA at
the international level, state for Heading 6201 that the
Explanatory Notes to Heading 6101 are applicable. The
Explanatory Notes to Heading 6101 state the following:
This heading covers a category of ... garments for men
or boys, characterized by the fact that they are generally
worn over all other clothing for protection against the
weather.
It includes:
Overcoats, raincoats, car-coats, capes including ponchos,
cloaks, anoraks including ski-jackets, wind-cheaters, wind-
jackets and similar articles, such as three-quarter coats,
greatcoats, hooded capes, duffel coats, trench coats,
gabardines, parkas, padded waistcoats.
The garment at issue, which is similar to a cardigan
sweater, is not specifically provided for in Heading 6201 and is
not included in the category of articles listed in the
Explanatory Notes applicable to Heading 6201. In addition,
although it would be worn over a shirt, the garment at issue
would not generally be worn over all other clothing for
protection against the weather, since a jacket could be worn over
this garment outdoors. Therefore it is not classifiable in
Heading 6201.
No heading specifically provides for classification of the
garment at issue in Chapter 62. Therefore it is classifiable in
Heading 6211, which provides for other garments.
HOLDING:
The submitted sample is classified under subheading
6211.32.0080, HTSUSA, which provides for other garments, men's or
boys', of cotton, other. The rate of duty is 8.6 percent ad
valorem, and the textile category is 359.
The sample is being returned to you under separate cover.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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 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.
Sincerely,
John Durant, Director
Commercial Rulings Division