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HQ 952024

September 15, 1992

CLA-2 CO:R:C:T 952024 CMR


TARIFF NO: 6211.32.0060

Steven Zisser, Esq.
Stein Shostak Shostak & O'Hara
3580 Wilshire Boulevard
Suite 1240
Los Angeles, CA. 90010-2597

RE: Classification of two 100 percent flannel cotton upper body pullover garments from India; jackets v. shirts v. other garments; 6201, HTSUSA, v. 6205, HTSUSA, v. 6211, HTSUSA

Dear Mr. Zisser:

This ruling is in response to your request of May 18, 1992, on behalf of Darvel, Inc., regarding the classification of two styles of upper body garments to be imported from India.


Two samples were submitted; neither has a style number. Both garments are made of 100 percent woven, yarn-dyed, cotton flannel fabric. Both are pullovers with permanently attached hoods. One garment has long sleeves without cuffs; the other is sleeveless. Both have U-shaped openings at the neckline, kangaroo pockets at the waist and side vents.

You have submitted that the garments are made of fabric which weighs approximately 11.5 ounces per square yard. However, the New York Customs Laboratory determined that the fabric from which the sleeveless sample is made weighs 7.03 ounces per square yard and the fabric from which the sleeved sample is made weighs 7.34 ounces per square yard.


Are the submitted samples classifiable as jackets of heading 6201, HTSUSA, as claimed by the importer, or are the garments classifiable as shirts of heading 6205, HTSUSA, or as other garments of heading 6211, 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]."

You are seeking classification of the subject garments as jackets of heading 6201, HTSUSA. In support of your position you rely upon the Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the HTS at the international level, and the Textile and Apparel Category Guidelines, CIE 13/88.

The Explanatory Notes for heading 6201, refer back to the notes for 6101, which state that the garments of that heading are "characterised by the fact that they are generally worn over all other clothing for protection against the weather." The note goes on to give several examples of garments which are included within the scope of the heading. The examples include various types of coats and jackets generally worn during inclement weather. Customs does not view the submitted garments as within the same class as the enumerated examples.

As for the Textile Guidelines, you have cited the portion of the Guidelines which addresses the characteristics of shirt- jackets and provides that generally garments which possess at least three of the listed features are considered jackets, provided such a conclusion is reasonable. You have pointed out elements the subject garments possess which you believe coincide with the Guidelines list, i.e., the fabric weight (equal to or exceeding 10 ounces per square yard), the presence of pockets at or below the waist, and long sleeves without cuffs (present on only one of the samples). The New York Customs Laboratory found the fabric weight to be less than 10 ounces per square yard. Neither garment possess at least three features listed in the Guidelines as generally indicative of jackets. Although the garments each possess a permanently attached hood, Customs views that feature as insufficient to support classification as jackets without additional jacket features which these garments lack.

The Explanatory Notes for Chapter 62 provide in the general notes to the chapter: "[s]hirts and shirt-blouses 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 Explanatory Notes for heading 6205, HTS, specifically exclude "garments having the character of wind-
cheaters, wind-jackets, etc. of heading 62.01, which generally have a tightening at the bottom, [and] . . . jackets of heading 62.03, which generally have pockets below the waist," and sleeveless garments.

The submitted samples do not have a full or partial opening starting at the neckline. They each have pockets below the waist and one is sleeveless. Clearly, they are excluded from heading 6205, HTSUSA.

Having eliminated headings 6201, HTSUSA, and 6205, HTSUSA, we are left with heading 6211, HTSUSA, which provides for other garments. The garments are classifiable in subheading 6211.32.00, HTSUSA, which provides for men's or boys' other woven garments of cotton. There are two competing statistical provisions in that subheading within which these garments may be classified. They are 6211.32.0060, HTSUSA, which provides for shirts, excluded from heading 6205, and 6211.32.0080, HTSUSA, which provides for other (i.e., the provision for items not otherwise specifically provided for under subheading 6211.32.00, HTSUSA).

In your submission, you refer to the Textile Guidelines exclusion of sleeveless garments from the shirt category. The Guidelines were amended and notice of that amendment appeared in the June 4, 1991 Federal Register. The amendment changed the description for shirts in the Guidelines to read "shirts may have sleeves or be sleeveless."

Customs does not believe that the Guidelines eliminates these garments from classification as shirts. The Guidelines are just that--guidelines.


The garments at issue are each classifiable as woven cotton shirts, excluded from heading 6205, in subheading 6211.32.0060, HTSUSA, textile category 340, dutiable at 8.6 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 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.


John Durant, Director
Commercial Rulings Division

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