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HQ 957295

February 9, 1995

CLA-2 CO:R:CT 957295 jb


TARIFF NO.: 6211.39.9090

Ms. Rebecca Cheung
Macy Product Development
11 Penn Plaza
New York, NY 10001

RE: Classification of a man's knit/woven garment: Memorandum 084118; essential character; heading 6211, HTSUSA, other garment

Dear Ms. Cheung:

This is in response to your letter, dated October 11, 1994, regarding the classification of a man's knit/woven garment. A sample was submitted to this office for examination and will be returned under separate cover.


The submitted sample, referenced style number, 11095, is composed of knitted and woven fabric. The knitted fabric is 60 percent linen and 40 percent cotton by weight, and the woven fabric is 55 percent linen and 45 percent cotton by weight. You also state that the value of the knit component is 79.2 percent of the garment as compared to the woven component which you state is 20.8 percent of the value of the garment. The garment features a V-neck full frontal opening with button closures and two patch pockets at the waist. The two front panels, which form the entire front of the garment, are made of the woven fabric, and the long sleeves and the back of the garment are made of the knitted fabric.


What is the proper classification for the merchandise at issue?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

The subject sample, which is comprised of a knit and woven blend, is in the opinion of this office, a hybrid garment. Headquarters memorandum 084118, dated April 13, 1989, discussed the classification of garments consisting of different fabrics or of textile and nontextile components. That memorandum stated:
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

In the case of the submitted merchandise, as the two woven panels form the entire front of the garment, the essential character of the garment is designated by the woven fabric.

Having determined that the essential character of the garment is imparted by its woven front, we must now decide where the garment will fall in the tariff. Upon initial examination, the garment could possibly be classified as either a shirt, a sweater or a jacket. Heading 6211, HTSUSA, provides for, inter alia, other garments including men's shirts excluded from heading 6205, HTSUSA. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to chapter 62, HTSUSA, state that shirts are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. The EN to heading 6205, HTSUSA, provide that it covers shirts which are not knitted or crocheted, including shirts with detachable collars, dress shirts, sports shirts and leisure shirts. The garment at issue is not classifiable under heading 6205, HTSUSA, because it is not designed as a shirt. The knit portion of the garment, namely the sleeves and back, render it heavier than a shirt, virtually giving it the appearance of a sweater. However, the tariff does not provide a specific provision for sweaters that are woven. Consequently, having determined that the essential character of the subject garment is imparted by the woven portion, it cannot be classified as a sweater.

Heading 6201, HTSUSA, provides for men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203. The EN to heading 6201, HTSUSA, state that the provisions of the Explanatory Note to heading 6101, HTSUSA, are applicable as follows to articles of heading 6201, HTSUSA:

This heading covers a category of ...garments for men or boys characterised by the fact that they are generally worn over all other clothing for protection against the weather.

It includes:

Overcoats, raincoats, car-coats, capes including ponchos, cloaks, anoraks including ski- jackets, windcheaters, wind-jackets and similar articles, such as three-quarter coats, greatcoats, hooded capes, duffel coats, trench coats, gabardines, parkas, padded waistcoats.

The submitted garment is not specifically provided for in the category of articles enumerated in the EN to heading 6201, HTSUSA. Though it is feasible that this garment might be worn over a shirt, it would not be worn over all other clothing for protection against the weather, since a jacket in essence, could be worn over the submitted garment. As none of the above discussed headings specifically provide for the classification of the garment at issue, it is classifiable in heading 6201, HTSUSA, as an other garment. (See also, HQ 087043, dated July 30, 1990 and HQ 086970, dated July 12, 1990, where garments which could not be classified elsewhere in the tariff were classified in heading 6211, HTSUSA, in the provision for other garments).


The subject sample, referenced style number 11095, is classifiable in subheading 6211.39.9090, HTSUSA, which provides for, inter alia, men's or boys' other garments; of other textile materials. The applicable rate of duty is 3 percent ad valorem and the quota category is 859.

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, you should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.


John Durant, Director

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