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HQ 957344

January 18, 1995

CLA-2 CO:R:C:T 957344 CMR


TARIFF NO.: 6202.93.4500, 6202.93.5011

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

RE: Modification of HRL 956222; classification of a wind shirt; classifiable as a jacket, similar to a windbreaker

Dear Mr. Sheridan:

On April 21, 1994, this office issued a ruling to you in regard to a request by Rena Gabriel for the classification of a woven pullover referred to as a wind shirt. Other than the sample, we had no information regarding the garment use in the United States. Since the time we issued Headquarters Ruling Letter (HRL) 956222, Customs has received more information regarding the use of garments such as the one ruled on in HRL 956222. Based upon that additional information, we are modifying HRL 956222 to reflect proper classification of the garment at issue therein as a jacket, similar to a windbreaker, in heading 6202, HTSUSA. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed modification of HRL 956222 was published December 14, 1994, in the Customs Bulletin, Volume 28, Number 50.


The sample in HRL 956222 was described as:
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 -2-
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.


Was the garment classified in HRL 956222 properly classified as a women's other garment (blouse excluded from heading 6206) of heading 6211, HTSUSA, or is it more properly classified as a women's jacket, similar to a windbreaker in heading 6202, HTSUSA?


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]."

In HRL 956982, Customs recently classified a garment very similar to the garment classified in HRL 956222. The garment in HRL 956982 was described as a windjacket and its use in the United States was described as for wear on golf courses during inclement weather. In addition, catalogue advertising was submitted showing the garment described as a windjacket.

As the garment in HRL 956222 is so similar to that in HRL 956982, with the exception being that intended use was not described in HRL 956222, Customs believes the garments should be classified in the same manner. Therefore, Customs is modifying HRL 956222 to reflect proper classification of the garment therein to be as a women's woven man-made fiber jacket, similar to a windbreaker in heading 6202, HTSUSA.


The wind shirt of HRL 956222 is properly classified as a women's woven man-made fiber jacket, similar to a windbreaker, in subheading 6202.93.4500, HTSUSA, if it meets the water resistance test of U.S. Note 2, Chapter 62. Garments classified therein are dutiable at 7.6 percent ad valorem. If the garment does not meet the water resistance test, it is classified in subheading 6202.93.5011, HTSUSA, and is dutiable at 29.3 percent ad valorem. The garment falls in textile category 635.

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 -3-
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.

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.

HRL 956222 dated April 21, 1994, is hereby modified. In accordance with section 625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).


John Durant, Director
Commercial Rulings Division

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