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HQ 086245

January 16, 1990

CLA-2 CO:R:C:G 086245 HP


TARIFF NO.: 6203.33.2010

Mr. Richard Wortman
Grunfeld, Desiderio, Lebowitz & Silverman Counselors at Law
12 East 49TH Street
New York, NY 10017

RE: Cardigan jackets which are loosely tailored and have a full lining and interior breast pocket and give appearance of suit- type jacket are classified as such.

Dear Mr. Wortman:

This is in reply to your letter of December 7, 1989, concern ing the tariff classification of a men's cardigan jacket, produced in India, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Please reference your client In Private, Inc ., reference number 89-2714-5(2)I.


The merchandise at issue consists of a men's double breasted woven cardigan jacket constructed of 65% polyester and 35% rayon. The garment features overly long sleeves, satin trim waist level patch pockets, and two front and two rear panels sewn together lengthwise. The garment is loosely tailored, and has a placketed full front opening, shoulder pads, a one button closure, an internal breast patch pocket, and a full lining. The garment lacks a collar and lapels, and extends to the upper thigh area.


Whether the instant merchandise is considered a suit-type jacket under the HTSUSA?

Heading 6203, HTSUSA, provides for, inter alia, men's suit- type jackets. The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. The EN to heading 6103 defines the class of garments known as jackets, for the purposes of heading 6203, as having outer shells consisting of three or more panels (of which two are at the front), sewn together lengthwise and designed to cover the upper part of the body, and a full front opening either without closure or with a non-zippered closure. Jackets cannot extend past the mid-thigh area, and are not for wear over another coat.

In HRL 084183 of August 3, 1989, we noted that

... in the Textile and Apparel Category Guide lines, ["Guidelines"] C.I.E. 13/88, the des cription of suit-type jackets specifically states that such jackets must be tailored. This requirement is reinforced by the addi tional language in the Guidelines that "Eise nhower jackets and other casual garments meeting the 3 panel requirement are not `suit- type jackets.'"

The Guidelines, published at 53 Fed. Reg. 52563 (Dec. 28, 1988), note that since certain types of garments are closely related in use, the Guidelines "are to be used as an aid in determining the commercial designation and, hence, the classifica tion of an article." Used as such, they "represent the present position of the Customs Service."

Suit-type jackets are not specifically addressed in either the
HTSUSA or its accompanying Explanatory Notes. As no contrary indication of the drafters' intent is apparent, it is our opinion that embracing the definition taken up in the Guidelines is appropriate. See HRL 085557 of January 9, 1990.

Although the instant garment is only loosely tailored, it is our opinion that the cardigan jacket satisfies the requirements of the Textile Guidelines, supra. The garment does follow the outline of the upper body. This, in addition to the full lining, interior breast pocket, and overall appearance of a suit-type jacket, persuades us that such a classification is correct.


As a result of the foregoing, the instant merchandise is classified under subheading 6203.33.2010, HTSUSA, textile category
633, as men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), suit-type jackets and blazers, of synthetic fibers, other, men's. The applicable rate of duty is 29 percent ad valorem.
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, to obtain the most current information available, 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 your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the re straint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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