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HQ 964619

April 2, 2002

CLA-2: RR:CR:TE 964619 ASM


TARIFF NO.: 6201.93.3511

Ms. Ping Lin
Sun Mountain Sports
P.O. Box 9049
Missoula, MT 59807

RE: Modification of G82775; Man’s woven upper body garment; Outerwear jacket

Dear Ms. Lin:

Based upon our review of a ruling to you concerning the classification of a man’s upper body garment which was classified in New York Ruling (NY) G82775, dated October 13, 2000, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have determined that the classification provided for this merchandise is incorrect. This ruling modifies NY G82775 by providing the correct classification for the man’s upper body garment.

Pursuant to section 625(c), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)), notice of the proposed modification of NY G82775 was published on February 27, 2002, in the Customs Bulletin, Volume 36, Number 9. No comments were received in response to this notice.


The garment, which is the subject of this ruling, was identified as “Microfiber Headwind Sports” in NY G82775. In NY G82775, this article was classified under subheading 6211.33.0040, HTSUSA, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of man-made fibers, shirts excluded from heading 6205." A single sample was forwarded to this office with correspondence requesting a review of NYG82775, and only the "Microfiber Headwind Sports" garment was identified as being at issue. Thus, we have not reviewed the classification of the other garments identified in NY G82775.

The subject article is a man’s woven upper body garment consisting of 100 percent polyester "peached" microfiber fabric. The subject garment has a shallow v-neck with ribbed knit inset (1 inch wide), long sleeves with ribbed knit cuff (2 inches wide), ribbed knit waist (2 inches wide), and a body length of approximately 24 inches. In addition, a ribbed knit panel (2.5 inches wide) has been sewn from collar to cuff and descends the full length of the sleeve. The body of the garment consists of a single woven front panel. A single woven back panel connects to the front panel at the side seams and shoulders. A heavy gauge zipper (11 inches long) extends the length of the left side seam from under the arm to the bottom of the garment, breaking at the waistband. The zipper features a tab pull that has been threaded and securely sewn to the zipper foot. The garment has been coated with “TEFLON” protection that is a durable water repellent. The labeling for this garment advertises the “TEFLON” fabric protector and promotes the article as water repellent outerwear. There is no lining and the garment does not have pockets.


What is the proper classification for the merchandise?


Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

First, it is important to note that the subject garment is constructed of both woven panels (front, back, sleeves) and ribbed knit trim (cuffs, v-neck, waist, sleeve trimming). In Headquarters Ruling (HQ) 958288, dated November 29, 1995, we stated “Usually, when Customs is faced with the classification of a garment that is comprised of a woven material and knit, we refer to a set of classification guidelines set forth in Customs Headquarters Memorandum 084118 (Customs Memorandum), dated April 13, 1989” in order to determine the
essential character of a garment. In this memorandum, it was determined that the woven panels overlaying the knit fabric were mere decorative trim more similar to an “accessory” to the garment within the meaning of the EN to Chapter 61. The ruling further stated that if the woven panels had been viewed as an integral component of the garment, a GRI 3 analysis would be appropriate and the guidelines contained in the Customs Memorandum applied. However, as mere decorative trim, the woven panels were disregarded and the entire article was classified as a knit garment pursuant to a GRI 1 analysis. See, also HQ 950007, dated October 4, 1991.

In the subject case, we note that the knit trim is so minimal that it merely serves as an accessory to the garment. The woven panels comprise approximately 95 percent of the total surface area of the garment. As such, it is our determination that the knit trim is not an integral component of the garment, a GRI 3 analysis is not necessary, and the guidelines contained in the Customs Memorandum do not need to be applied to determine the essential character. Accordingly, the article is properly classified as a woven garment pursuant to a GRI 1 analysis.

Chapter 62, HTSUSA, provides for woven garments because it applies to made up articles of any textile fabric, other than wadding, and excludes knitted or crocheted articles (other than those of heading 6212). See Note 1, Chapter 62, HTSUSA.

In determining whether or not the subject article is classifiable as an outerwear jacket within the meaning of heading 6201, HTSUSA, we note that the subject garment has features that are typical of both an ordinary pullover garment and an outerwear garment. In such situations, it is appropriate to consult the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, C.I.E. 13/88, November 23, 1988 (Textile Guidelines), The Textile Guidelines set forth eleven criteria by which to classify a garment as a jacket under the HTSUSA. If the garments possess at least three of the eleven features, and if the result is not unreasonable, the articles will be classified as a coat/jacket. In relevant part, the guidelines state as follows:

Shirt-jackets have full or partial front openings and sleeves, and at the least cover the upper body from the neck area to the waist. They may be within the coat category if designed to be worn over another garment (other than underwear). The following criteria may be used in determining whether a shirt-jacket is designed for use over another garment, the presence of which is sufficient for its wearer to be considered modestly and conventionally dressed for appearance in public, either indoors or outdoors or both:

Fabric weight equal to or exceeding 10 ounces per square yard. A full or partial lining.
Pockets at or below the waist.
Back vents or pleats. Also side vents in combination with back seams. Eisenhower styling.
A belt or simulated belt or elasticized waist on hip length or longer shirt-jackets. Large jacket/coat style buttons, toggles or snaps, a heavy-duty zipper or other heavy-duty closure, or buttons fastened with reinforcing thread for heavy-duty use. Lapels.
Long sleeves without cuffs.
Elasticized or rib-knit cuffs.
Drawstring, elastic or rib-knit waistband.

In the subject case, the garment possesses at least three of the eleven jacket features enumerated in the Textile Guidelines as follows: 1) a heavy-duty zipper; 2) rib-knit cuffs; 3) rib-knit waistband. Thus, the subject garment may be classifiable as an outerwear jacket/coat if the result is not unreasonable. In addition to having met three of the guideline criteria, the garment also features a water repellent “TEFLON” fabric protection, and is advertised as a waterproof outerwear garment designed for use during golf. However, we note that this garment is merely advertised as having a “water repellent” coating. No additional evidence has been submitted to support the degree to which it resists water. Thus, we have no basis upon which to find that it should be classified as a “water resistant” garment within the meaning of the HTSUSA.

The EN to heading 6101, which apply mutatis mutandis to the articles of heading 6201, HTSUSA, state:

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

Clearly, the subject garment is designed to be used as a final protective outerwear layer over clothing because the side zipper allows the wearer to easily slip the article over bulky clothing. Finally, the water repellent coating invites use of the garment as a final protective layer against the elements.

In view of the foregoing, it is Customs determination that it is reasonable to classify this garment as a jacket under heading 6201.93.3511, HTSUSA. This decision is supported by HQ 964203, dated December 4, 2000, wherein Customs classified a man’s pullover article, almost identical to the one now in question, as an outerwear jacket under heading 6201.93.3511, HTSUSA. In HQ 964203, the garment is described as being constructed of (woven) nylon fabric, having a v-neck collar with rib knit band, no front opening, long sleeves with rib knit cuffs, a knit lining of polyester/cotton fabric, and a rib knit waistband, with plastic (acrylic coating).


NY G82728, dated October 13, 2000, is hereby modified. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.-

The subject merchandise is correctly classified in subheading 6201.93.3511, HTSUSA, which 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: Anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other: Other, Men’s.” The general column one duty rate is 28.2 percent ad valorem. The textile category is 634.

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 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 available for inspection at your local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, 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

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