CLA-2 CO:R:C:T 952927 CMR
TARIFF NO: 6211.42.0050; 6206.30.3010
Mr. Douglas Lancaster
Shah Safari Incorporated
14 West Roy
Seattle, Washington 98119-3828
RE: Classification of two styles of women's woven upper body
garments; jackets v. blouses; 6202, HTSUSA, v. 6206, HTSUSA,
v. 6211, HTSUSA
Dear Mr. Lancaster:
This ruling is in response to your request of October 2, 1992,
regarding the classification of two styles of women's woven upper
body garments. The garments, styles J0113092 and J0178693, will
be imported into the port of Seattle/Tacoma from India or Nepal.
FACTS:
Style J0113092 is made from 100 percent cotton woven yarn
dyed, plaid shirting fabric. The garment is a loose-fitting, long-
sleeved, pullover with a hood and a partial front opening secured
by a self-fabric tie which also acts as a drawstring for the hood.
The garment features a drawstring bottom, side seam pockets below
the waist and elasticized edges on the sleeves.
Style J0178693 is also made from 100 percent cotton woven yarn
dyed, plaid shirting fabric. The garment is sleeveless and
features a full front opening secured by six buttons, a hood with
a drawstring, two chest patch pockets with button secured flaps
and a rounded shirt bottom.
ISSUE:
Are the garments at issue classifiable in heading 6202,
HTSUSA, which provides for, among other things, anoraks,
windbreakers and similar articles; or, in heading 6206, which
provides for women's and girls' shirts, blouses, and shirt-
blouses; or, in heading 6211, HTSUSA, which provides for other
garments? -2-
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Heading 6202, HTSUSA, provides for, among other things,
anoraks, windbreakers and similar articles. Style J0113092 is of
a design generally associated with anoraks. However, the
Explanatory Notes to the Harmonized Commodity Description and
Coding System (Explanatory Notes), the official interpretation of
the HTS at the international level, provide in regard to heading
6202, referring back to the notes for heading 6102, that the
garments of this heading are generally characterized "by the fact
that they are generally worn over all other clothing for protection
against the weather." Style J0113092 is made of 100 percent cotton
woven shirting fabric. Based upon the fabric, Customs does not
view this garment as a jacket of heading 6202 although it is of an
anorak-style design. This garment would offer minimal protection
to the wearer against the weather.
Having determined that style J0113092 is not classifiable as
an anorak or similar article of heading 6202, HTSUSA, even though
the garment is an anorak-style garment, we must determine if the
garment is a shirt or a jacket. Due to its styling, it possesses
some features usually associated with jackets.
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, offer guidance
to the trade community and Customs personnel as to various
characteristics of garments. The Guidelines were developed and
revised in accordance with the HTSUSA to insure 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. It is important to remember that the Guidelines
are not hard and fast rules, but guidance in drawing distinctions
between classes of garments. When faced with a garment such as
style J0113092, it is appropriate to look to the Guidelines.
On page 6 of the Guidelines, various characteristics normally
associated with jackets are listed. Among the features listed are
pockets at or below the waist, elasticized cuffs and drawstring
waistband; three features present on style J0113092. -3-
However, the Guidelines state that "garments having features of
both jackets and shirts will be categorized as coats if they
possess at least three of the * * * listed features and if the
result is not unreasonable." (emphasis added).
Customs believes that in regard to style J0113092,
classification as a jacket would be unreasonable. Based upon the
appearance of the garment and the fabric from which it is made, we
believe the garment will be principally worn as a shirt and not
over other garments as a jacket. Therefore, style J0113092 is
classifiable as a shirt.
As to style J0178693, based upon the appearance and fabric of
the garment we believe there is no issue that it is a shirt, the
issue is merely in which heading is the garment classifiable.
Heading 6202, HTSUSA, provides for women's and girls' blouses,
shirts and shirt-blouses, not knit or crocheted. The Explanatory
Notes for heading 6206 provide that the heading does not cover
garments with pockets below the waist or with a ribbed waistband
or other means of tightening at the bottom of the garment. Thus,
style J0113092 is not classifiable in heading 6206.
HOLDING:
Style J0113092 is classifiable as a women's woven cotton
blouse, shirt or shirt-blouse, excluded from heading 6206 in
subheading 6211.42.0050, HTSUSA, textile category 341, dutiable at
8.6 percent ad valorem. Style J0178693 is classifiable as a
women's woven cotton blouse, shirt or shirt-blouse, with two or
more colors in the warp and/or the filling in subheading
6206.30.3010, HTSUSA, textile category 341, dutiable at 16.4
percent ad valorem.
The designated textile and apparel category 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.
-4-
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 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