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HQ 956222

April 21, 1994

CLA-2 CO:R:C:T 956222 CMR


TARIFF NO.: 6211.43.0060

Mr. Patrick Sheridan
Senior Customs Representative
11/Fl., St John's Building
33 Garden Road, Central
Hong Kong

RE: Classification of woven pullover; wind shirt;

Dear Mr. Sheridan:

This is in response to the March 29, 1994, request by Rena Gabriel for the classification of a woven pullover referred to as a wind shirt. This office received the request, with sample, on April 11, 1994.


The submitted sample is a woven pullover upper body garment. The garment is made with 100 percent nylon woven fabric with a 600 mm coating (which we assume is a plastics). The garment features long sleeves, a round neckline with rib knit trim, rib knit cuffs, and a rib knit bottom. The rib knit fabric is made of 65 percent polyester/35 percent cotton or 100 percent cotton fabric. The garment will be made in the People's Republic of China, Sri Lanka or Bangladesh.


What is the classification of the submitted wind shirt?

Is it classifiable as a water resistant garment pursuant to Additional U.S. Note 2, Chapter 62?


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 -2-
such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

As the subject garment is of woven fabric, exclusive of trim, it is classifiable in Chapter 62 of the HTSUSA. The garment is known as a wind shirt and has the appearance of a pullover shirt. Before addressing the appropriate heading in which the garment is classified, we must first decide if it is classifiable as a men's or women's garment.

Legal Note 8, Chapter 62, provides that garments with closures are classified as men's or women's based on the direction of the closure unless the cut of the garment clearly indicates it is designed for one or the other of the sexes. This garment has no closure. Based upon the cut of the garment, without any information regarding sizing, we cannot determine whether the garment is for a man or a woman. Legal Note 8, Chapter 62, states that when a garment cannot be identified as either men's or boys' or as women's or girls', it is to be classified in the headings covering women's or girls' garments. We will therefore treat this garment as a women's garment for classification purposes.

Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, limit the scope of heading 6206 by stating that the heading does not cover certain garments, among them garments with a ribbed waistband. As the submitted sample has a ribbed waistband, it is not classifiable in heading 6202, HTSUSA.

The garment is made of fabric which has a 600 mm coating applied to it. Therefore, the possibility of classification in heading 6210, HTSUSA, must be considered. Heading 6210, HTSUSA, provides for "garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907." Assuming the coating is a plastic material, the fabric may be of heading 5903 if it meets the requirements for classification therein.

Legal Note 2, Chapter 59, provides, in relevant part:

Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually -3-
chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of color.

We have examined the nylon fabric of the submitted garment and cannot see any coating. As the coating must be visible to the naked eye for classification in heading 5903 and the garment before us has no visible coating, the garment is not classifiable within heading 6210, HTSUSA.

Heading 6211, HTSUSA, provides for, among other things, other garments. This is the heading in which the garment at issue is classifiable. Specifically, the garment is a women's woven man- made fiber other garment classified in subheading 6211.43.0060, HTSUSA, which provides for blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206.

Regarding the question of classification as a water resistant garment pursuant to Addition U.S. Note 2, Chapter 62, the note is limited in application to specific subheadings. The subheading in which the sample garment is classified is not one of the subheadings for which the note applies, therefore, the garment may not be classified as a water resistant garment for tariff purposes even if it does meet the requirements of the note.


The submitted sample, a wind shirt, is classifiable in subheading 6211.43.0060, HTSUSA, textile category 641, dutiable at 17 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 the importer 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 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, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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