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HQ 964719

May 20, 2002

CLA-2 RR:CR:TE 964719 SG


TARIFF NO.: 6211.33.0040

Ms. Joanna Cheung, Trade Specialist
Hong Kong Economic & Trade Office
1520 18 Street, NW
Washington, DC 20036

RE: Classification of a man's knit/woven garment: Pullover Shirt: Sweater: Heading 6211, HTSUSA, Man-made fibers: Lyocell

Dear Ms. Cheung:

This is in response to your letter dated December 7, 2000, regarding the quota category of a man's knit/woven garment. A sample was submitted to this office for examination.


The submitted sample, is man's woven pullover shirt with a rib knit crew neck, long woven sleeves with rib knit cuffs, and a rib knit banding around the waist. It is made of 80 percent tencel, 19 percent wool, and 1 percent spandex fabric. A Hong Kong export license in Category 659 was issued to cover the said consignment. The entry of the consignment was rejected by Customs, which demanded that the consignment be covered by a visa in Category 640. It is your view that inasmuch as the garment lacks a full or partial front opening, it is not a shirt and the merchandise should be treated as a garment requiring textile category 659, as an other garment of heading 6211.


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.

In a garment such as the sample before us, which is comprised of a combination of woven and knit components, a determination must be made to whether it is classified in Chapter 61 as a knit article or Chapter 62 as a woven article. The classification of goods in Chapter 62 is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, feather, leather, plastics or metal. Where, however, the presence of such materials constitutes more than mere trimming the articles are classified in accordance with the relative Chapter Notes (particularly Note 4 to Chapter 43 and Note 2(b) to Chapter 67, relating to the presence of furskin and feathers, respectively), or failing that, according to the General Interpretative Rules. Similar language applies to Chapter 61, except that the words "woven fabrics" replace "knitted or crocheted fabrics" (EN at 1070 and at 1052).

The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to Chapter 43, heading 4303, HTSUS, states that "(f)ur on a garment would be regarded as mere trimming if constituting, for example, the collar and revers (provided the collar or revers were not so exaggerated as to form virtually a cape or bolero), cuffs or edging to pockets, skirts, coats, etc." The submitted sample is woven with the exception of a rib knit crew neck, rib knit cuffs, and a rib knit banding around the waist. It is our view that the knitted portions of the subject garment fall within the category of "mere trimming", and therefore, do not affect the classification of the subject garment. The garment is classified in Chapter 62 as a woven article. 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 or a sweater.

The ENs to Chapter 62, HTSUS, 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, HTSUS, 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, HTSUS, because it is not constructed as a shirt of this heading with a partial or full opening. Instead the subject garment is a pullover with no opening at the neckline. The garment has the appearance of a sweater, however, the garment is lighter than a sweater, and lacks the warmth and the elasticity of a sweater. In addition, the tariff does not provide a specific provision for sweaters that are woven. Consequently, having determined that the subject garment is woven, 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 characterized 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, HTSUS. Though it is feasible that this garment might be worn over a shirt, for style, if not for warmth, 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. Therefore it is not classifiable in heading 6201, HTSUS.

Heading 6211, HTSUS, provides for, inter alia, other garments, as well as specifically named garments, i.e., track suits, ski suits, and swimwear.

Headquarters ruling letters HQ 084065, dated July 26, 1989, and HQ 957877, dated September 14, 1995, classified pullover garments similar to the garment here at issue, with no neck openings, under heading 6211, HTSUS, as men's shirts excluded from heading 6205, HTSUS. It is our view that the garment before us is also properly classified in heading 6211, HTSUS, as men's shirts excluded from heading 6205.

In HQ 963809 (copy enclosed) we determined that for the purposes of the HTSUS, Chapter 54, note 1(b), lyocell is classified as an artificial fiber.

Accordingly, garments of lyocell are classified as "of man-made fibers". As the subject pullover shirt is composed of woven lyocell fabric, it is correctly classifiable as a men's shirt excluded from heading 6205, of man-made fibers, in subheading 6211.33.0040 HTSUSA.


The subject sample is classifiable in 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." The applicable rate of duty is 16.2 percent ad valorem and the quota category is 640.

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 that the importer 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, the importer 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
Commercial Rulings Division

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