CLA-2 CO:R:C:T 954829 SK
TARIFF NO.'s: 6211.49.0010 or 6211.49.0085
Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th St., N.W., ste.475
Washington, D.C. 20036
RE: Classification of women's woven upper body garments; heading,
6211, HTSUSA; Textile Category Guidelines not applicable where no
ambiguity exists as to whether garment is a jacket or a blouse..
Dear Mr. Lai:
This is in response to your letter of August 16, 1993,
requesting a binding classification ruling for two styles of
women's garments, referenced style numbers 6556 and 6846. Samples
of the subject garments were submitted to this office for
examination and will be returned to you under separate cover.
FACTS:
Two samples of women's garments were submitted to this office.
In your submission, you request classification of a ladies' 100
percent silk woven blouse and a ladies' 60.7 percent silk and 39.3
percent cotton woven jacket. The samples we received, however, are
marked as consisting of 70 percent silk and 30 percent cotton. As
the type of fabric used in the construction of these garments is
determinative of classification, we will provide the appropriate
classification for each of these fiber contents.
Style 6556 is a waist-length garment featuring a full lining,
shirt collar, full front opening secured with five buttons, long
sleeves (without cuffs) and two slanting pockets at
the waist. The garment has the overall appearance of an
Eisenhower-styled jacket and has an adjustable tab waist and an
action back pleat.
Style 6846 features a full lining, full front opening secured
with four large buttons, shirt collar, long sleeves with shirt
cuffs, two waist pockets and a chest pocket. Style 6846 possesses
the overall appearance of a sportswear blazer.
ISSUE:
Whether the women's garments at issue are classifiable as
blouses or as jackets under 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 in accordance
with the terms of the headings and any relevant section or chapter
notes. Where 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's may be applied in the order of their
appearance.
The threshold issue is whether the garments at issue are
classifiable as jackets or as blouses. Heading 6204, HTSUSA,
provides for "[w]omen's or girls' suits, ensembles, suit-type
jackets, blazers... ." The garments at issue are not classifiable
within this provision as they do not possess the structured styling
or tailoring associated with jackets and blazers of this heading.
Heading 6211, HTSUSA, provides for "[t]rack-suits, ski-suits
and swimwear; other garments." This heading also includes women's
garments that are excluded from heading 6204, HTSUSA, because they
are not styled or tailored in the same manner as suit-type jackets
and blazers. This office has previously held that women's jackets
that are more casual in appearance are appropriately classified in
heading 6211, HTSUSA. See Headquarters Ruling Letter (HRL) 954605,
dated October 12, 1993.
In your submission, you state that the garments are
classifiable as blouses for two reasons: 1) the garments offer
sufficient coverage so that they may be worn alone without other
outerwear garments; and 2) the garments are not capable of
providing protection against the weather. With regard to the first
issue, Customs held in HRL 088476, dated May 10, 1991, that jackets
may be worn alone without an underlying blouse or shirt so long as
the garment possesses the appearance of a jacket. The second
point, that the garments' fabric is too insubstantial to protect
against inclement weather, has also been addressed by
Customs in previous rulings. In HRL 950651, dated December 31,
1991, this office classified a men's lightweight 100 percent cotton
woven garment as a jacket and determined that "[t]he fact that the
fabric used in this garment's construction is rather lightweight
does not preclude classification as a jacket. ... [J]ackets may
come in various weights... ." The predominantly silk garments
currently at issue are similar in fabric weight to other jackets
of heading 6211, HTSUSA, such as track-suit ("jogging suit")
jackets and windbreakers which are traditionally constructed of
lightweight synthetic fibers.
This office need not refer to the Textile Category Guidelines
for guidance in the classification of these garments as styles 6556
and 6846 are not hybrid garments possessing characteristics of both
jackets and blouses. Both garments have the overall appearance of
jackets and are designed in such a manner so as to be suitable for
such use. Moreover, no evidence establishing that these garments
are designed, marketed and sold as blouses was submitted with your
binding ruling request. Accordingly, classification of the subject
merchandise is proper under heading 6211, HTSUSA.
HOLDING:
If styles 6556 and 6846 are 70 percent or more by weight of
silk, they are classifiable under subheading 6211.49.0010, HTSUSA,
which provides for "[t]rack-suits, ski-suits and swimwear; other
garments: other garments, women's or girls': of other textile
materials... containing 70 percent or more by weight of silk or
silk waste," dutiable at a rate of 7.8 percent ad valorem. There
is no textile quota category applicable to garments classifiable
under this subheading at the present time.
If styles 6556 and 6846 are less than 70 percent by weight of
silk, classification is proper under subheading 6211.49.0085,
HTSUSA, which provides for "[t]rack-suits, ski-suits and swimwear;
other garments: other garments, women's or girls': of other textile
materials... other: jackets and jacket-type garments excluded from
heading 6202...," dutiable at a rate of 7.8 percent ad valorem.
The applicable textile quota category is 835.
The designated textile and apparel categories may be
subdivided into parts. If so, the 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 Report on Current Import Quotas
(Restraint Levels), an internal issuance of the U.S. Customs
Service which is updated weekly and is available for inspection at
your local Customs office.
Due to the 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 importation of this merchandise to determine the
current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division