CLA-2 CO:R:CT 957295 jb
Ms. Rebecca Cheung
Macy Product Development
11 Penn Plaza
New York, NY 10001
RE: Classification of a man's knit/woven garment: Memorandum 084118; essential character;
heading 6211, HTSUSA, other garment
Dear Ms. Cheung:
This is in response to your letter, dated October 11, 1994, regarding the classification of a
man's knit/woven garment. A sample was submitted to this office for examination and will be
returned under separate cover.
FACTS:
The submitted sample, referenced style number, 11095, is composed of knitted and woven
fabric. The knitted fabric is 60 percent linen and 40 percent cotton by weight, and the woven
fabric is 55 percent linen and 45 percent cotton by weight. You also state that the value of the
knit component is 79.2 percent of the garment as compared to the woven component which you
state is 20.8 percent of the value of the garment. The garment features a V-neck full frontal
opening with button closures and two patch pockets at the waist. The two front panels, which
form the entire front of the garment, are made of the woven fabric, and the long sleeves and the
back of the garment are made of the knitted fabric.
ISSUE:
What is the proper classification for the merchandise at issue?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff Schedule of the United States
Annotated is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that
classification be determined according to the terms of the headings and any relative section or
chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI
will be applied, in the order of their appearance.
The subject sample, which is comprised of a knit and woven blend, is in the opinion of this
office, a hybrid garment. Headquarters memorandum 084118, dated April 13, 1989, discussed
the classification of garments consisting of different fabrics or of textile and nontextile
components. That memorandum stated:
a. For upper or lower body garments, if one component exceeds 60 percent of the visible
surface area, that component will determine the classification of the garment unless the
other component:
(1) forms the entire front of the garment; or
(2) provides a visual and significant decorative effect (e.g. a substantial amount of
lace); or
(3) is over 50 percent by weight of the garment; or
(4) is valued at more than 10 times the primary component
In the case of the submitted merchandise, as the two woven panels form the entire front of the
garment, the essential character of the garment is designated by the woven fabric.
Having determined that the essential character of the garment is imparted by its woven
front, we must now decide where the garment will fall in the tariff. Upon initial examination, the
garment could possibly be classified as either a shirt, a sweater or a jacket. Heading 6211,
HTSUSA, provides for, inter alia, other garments including men's shirts excluded from heading
6205, HTSUSA. The Explanatory Notes to the Harmonized Commodity Description and Coding
System (EN) to chapter 62, HTSUSA, state that shirts are garments designed to cover the upper
part of the body, having long or short sleeves and a full or partial opening starting at the neckline.
The EN to heading 6205, HTSUSA, provide that it covers shirts which are not knitted or
crocheted, including shirts with detachable collars, dress shirts, sports shirts and leisure shirts.
The garment at issue is not classifiable under heading 6205, HTSUSA, because it is not designed
as a shirt. The knit portion of the garment, namely the sleeves and back, render it heavier than a
shirt, virtually giving it the appearance of a sweater. However, the tariff does not provide a
specific provision for sweaters that are woven. Consequently, having determined that the
essential character of the subject garment is imparted by the woven portion, it cannot be classified
as a sweater.
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. The EN to heading 6201, HTSUSA, state that the
provisions of the Explanatory Note to heading 6101, HTSUSA, are applicable as follows to
articles of heading 6201, HTSUSA:
This heading covers a category of ...garments for men or boys characterised 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, windcheaters, wind-jackets and similar articles, such as three-quarter coats,
greatcoats, hooded capes, duffel coats, trench coats, gabardines, parkas, padded waistcoats.
The submitted garment is not specifically provided for in the category of articles
enumerated in the EN to heading 6201, HTSUSA. Though it is feasible that this garment might
be worn over a shirt, it would not be worn over all other clothing for protection against the
weather, since a jacket in essence, could be worn over the submitted garment. As none of the
above discussed headings specifically provide for the classification of the garment at issue, it is
classifiable in heading 6201, HTSUSA, as an other garment. (See also, HQ 087043, dated July
30, 1990 and HQ 086970, dated July 12, 1990, where garments which could not be classified
elsewhere in the tariff were classified in heading 6211, HTSUSA, in the provision for other
garments).
HOLDING:
The subject sample, referenced style number 11095, is classifiable in subheading
6211.39.9090, HTSUSA, which provides for, inter alia, men's or boys' other garments; of other
textile materials. The applicable rate of duty is 3 percent ad valorem and the quota category is
859.
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 negotiations and
changes, we suggest that you check, close to the time of shipment, the Status Report on Current
Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated
weekly and is available at the local Customs office.
Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the
classification) and the restraint (quota/visa) categories, you should contact the local Customs
office prior to importing the merchandise to determine the current status of any import restraints
or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division