CLA-2 CO:R:C:T 089036 PR
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036
RE: Textile and Apparel Category Applicable to a Pullover
Waterproof Garment
Dear Gentlemen:
This is in reply to your letter of March 12, 1991, on behalf
of Patagonia, Inc., concerning the classification of a shipment
of garments imported at the port of Los Angeles (Seaport entry
No. 44211748270). Our ruling on the matter follows.
FACTS:
The submitted sample, style 86121, appears to be a man's
upper body garment designed to protect against inclement (wet)
weather. It is an unlined hooded long sleeve pullover with a
large zippered patch pocket located in the center of the front
panel and no opening at the neck. The sleeve ends are
elasticized and have Velcro-like tightenings. The bottom of the
garment is tightened with a drawstring. The hood is extremely
close fitting and is also tightened by means of a drawstring. It
is made from a woven nylon fabric that has been visibly coated,
covered, or laminated with plastics material. The seams have
been taped to prevent water penetration.
It is not indicated how the merchandise was classified.
However, the inquirer has stated that it "is of the view that the
garment has been correctly licensed as shirt in Category 640
instead of Category 633/634 as demanded by Customs Service at
Long Beach."
ISSUE:
The issue presented is whether the sample garment is
classifiable as a shirt (in category 640), or as a jacket (in
category 634).
LAW AND ANALYSIS:
The Textile and Apparel Category Guidelines (CIE 13/88; 53
F.R. 52563, December 28, 1988) have been obliquely referred to by
the inquirer in support of its position that the garments in
question are "shirts". However, the following is clearly stated
in the beginning of the Guidelines.
These guidelines do not purport to take into account
every possible fabric, construction, and styling
combination * * * As such, these guidelines are
intended as indications of the types of construction
and styling most likely to be encountered. Certain
types of garments are so closely related in use,
though, that the corresponding category designations
seem to overlap. In such situations it should be
remembered that the guidelines are to be used as an aid
in determining the commercial designation * * * of an
article.
In this instance the sample speaks eloquently for itself.
It is clearly a pullover jacket designed to be worn over a shirt
or other outer garment and certainly would not usually be worn as
a shirt. Where the fabric and construction of a garment
establish with certainty the identity of that garment, the
guidelines may not be utilized to defeat that garment's proper
classification.
The portion of the Guidelines which states that coats and
jackets must have full or partial front openings is obviously
incorrect. The instant sample provides ample evidence of that
fact. In addition, it is noted that such articles of apparel as
ponchos, which normally do not have full or partial front
openings, are classifiable under provisions for coats or jackets
(or garments similar to coats or jackets) and fall within
categories for coats and jackets.
HOLDING:
Based on the above, the textile and apparel category
applicable to this merchandise is 634.
Your sample is being returned under separate cover.
Sincerely,
John Durant, Director
Commercial Rulings Division