CLA:2 RR:CR:TE 962579 SG
TARIFF NO: 6211.33.0054; 6110.30.3035
Ms. Julie Dausman
Customs Analyst
Ex Officio Adventure Wear
1419 Elliott Avenue West
Seattle, Washington 98119
RE: Classification of Vests: Preclassification (PC) D83817 superceded
Dear Ms. Dausman:
This is in response to your request dated December 22, 1998, for reconsideration of
PC D83817, concerning the preclassification of two garments, style nos. 1201110 and 2201110. The garments in question are described as a men’s Voyager Vest, style 1201110, and a women’s Voyager Vest, style 2201110. You indicate that on the preclassification letter, the men’s vest was classified in chapter 61 and the women’s vest in chapter 62. In view of the fact that the vests are nearly identical with the exception of a vest pocket on the men’s style, you seek the proper classification of the two vests. Samples were provided to this office for examination.
FACTS:
The submitted merchandise consists of a men’s Voyager Vest, style 1201110, and a women’s Voyager Vest, style 2201110. We note that the samples are labeled 100% nylon, but the preclassification indicates the garments are part nylon and part polyester.
The men’s vest has a V-neck front with a zipper closure and woven nylon edging. The armholes are finished with woven nylon edging. The shoulder portion of the vest is composed of a four inch wide woven 100% nylon yoke, which extends approximately 3 1/2 inches down the front of the vest and 3 to 4 inches down the back panel and across the width of that panel. The back of the garment is composed of 100% knit polyester mesh fabric, except for the woven nylon yoke and woven nylon edging around the armholes; it has rear lower pockets composed of the same knit polyester mesh fabric. The pockets have woven nylon edging across their width and are formed by sewing down the center. The pockets cover the lower half of the back of the vest. The front of the garment has a tapered 100% polyester mesh knit portion extending approximately 9 1/2 inches from the woven nylon yoke to the woven nylon portion which forms the lower 10 inch
2
section of the front of the vest. The vest has a woven nylon flapped patch pocket with a “VELCRO” type closure partially covering the tapered left front panel of its knit polyester mesh surface. The chest patch pocket also features a small narrow pen or pencil pocket on its exterior. Both the right and left front panels each have four pockets on the lower woven portion. The four pockets consist of a larger pocket with a zipper closure, the two smaller flapped pockets on the larger pocket’s surface with “VELCRO” type flap closures, and a “hidden” side pocket under the larger zippered pocket.
The women’s vest is constructed the same as the men’s vest except that it lacks a patch pocket on its left front panel.
No information was provided regarding the surface breakdown of the different fabric sections of the subject garments.
We note that the copy of the preclassification letter sent to us shows that both vests were originally classified in heading 6110, HTSUS, and both classifications were changed to
heading 6211, HTSUS, though it appears the changes were done at different times and by different people. Headings 6110 and 6211, HTSUS, provide for, inter alia, men’s and women's vests. The subject garments are undoubtedly vests.
ISSUE:
What is the classification of the subject merchandise? Are they classifiable as other garments (woven vests) under heading 6211, HTSUS, or as knit vests under heading 6110, HTSUS?
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.
The competing provisions for this merchandise are heading 6110, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted; or heading 6211, HTSUS, which provides for track suits, ski-suits and swimwear; other garments.
As the vests at issue have both woven nylon and knit polyester components, our analysis may be aided by applying a set of classification guidelines set forth in Headquarters Memorandum 084118, dated April 13, 1989, which was issued to assure a measure of uniformity when confronted with the classification of garments consisting of two or more different fabrics.
3
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.
If no component comprises 60 percent of the visible surface area, or
if any of the above four listed conditions are present, classification
will be according to GRI 3(b) or 3(c), as appropriate.
GRI 3 reads in relevant part:
(b) ... composite goods consisting of different materials or made up
of different components ... which cannot be classified by reference
to 3(a), shall be classified as if they consisted of the material or
component which gives them their essential character....
(c) When goods cannot be classified by reference to 3(a) or 3(b), they
shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.
.
Explanatory Note (EN) VIII to GRI 3(b) states:
The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the
nature of the material or component, its bulk, quantity, weight
or value, or by the role of a constituent material in relation to the use
of the goods.
In your submission to this office, you did not provide information as to the percentage of visible surface area that each component comprises.
As the front and back of the men’s vest appear to be of approximately equal surface area, no one component appears to exceed 60 percent of the visible surface area of the vest.
Additionally, neither component meets any of the above listed conditions. We, therefore, cannot
4
base classification on the criteria set forth in HQ Memorandum 084118, and devolve to classifying the garment based on GRI 3(b), that is, the component which imparts the essential character, or GRI 3(c), the heading which appears last in the tariff schedule from among the headings which equally merit consideration.
In HQ 950918, dated March 31, 1992, discussing the classification of duck hunting pants made of woven cotton and woven nylon fabrics, the pants were classified based on the nylon fabric due to the fact that the nylon fabric served an essential function with respect to the pants; that is, the nylon fabric provided the wearer with added protection from the elements and better wear suited for the sport of duck hunting.
The same cannot be said of the subject men’s vest. The major portion of the vest body is cool, breathable, fast drying polyester mesh; while the lower portion of the front of the vest (the area where the expandable pockets are attached), the pockets and shoulders are rugged nylon. It is the opinion of this office that in respect to the submitted vest, neither the nylon nor the polyester mesh fabric alone create the “identity of the garment”. Each fabric equally contributes to create a garment that is cool, dries quickly, and has an abundant carrying capacity. Thus, an “essential character” determination based on GRI 3(b) is not possible.
This leaves us no other option than to base classification of the men’s vest on GRI 3(c), that is, the heading which appears last in the tariff schedule from among the headings which equally merit consideration. In this case, the competing headings are 6110, HTSUS, which provides for men’s knitted vests, or 6211, HTSUS, which provides for other garments. As heading 6211, HTSUS, occurs last as between those two competing provisions, classification of the subject men’s vest is in the latter heading.
Insofar as the women’s vest is concerned, it does not have the woven nylon flapped patch pocket partially covering the left front panel’s knit polyester mesh surface. Accordingly, for the purposes of this ruling, it appears that the knit polyester mesh surface constitutes more than 60 percent of the surface area of the garment and thus, imparts the essential character to this garment. If our assumptions of the surface area is incorrect you should contact this office with the appropriate information. Accordingly, classification of the women’s vest is based on the knit polyester mesh component and classification is proper under subheading 6110, HTSUS.
HOLDING:
The subject men’s Voyager Vest, style number 1201110, is classified in subheading 6211.33.0054, HTSUS, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys: Of man-made fibers: Vests: Other”. The applicable general column one rate of duty is 16.5 percent ad valorem and the textile quota category is 659.
The subject women’s Voyager Vest, style number 2201110, is classified in subheading 6110.30.3035, HTSUS, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests)
5
and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Vests, other than sweater vests: Women’s or girls’.” The applicable general column one rate of duty is 33.1 percent ad valorem and the textile quota category is 659.
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 applicable to textile merchandise, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.
PC D83817 is hereby superceded by this decision with respect to the garments here in issue.
Sincerely,
John Durant, Director
Commercial Rulings Division