HQ 957642: oods cannot be classified solely on the basis of GRI 1, theremaining GRI will be applied, in the order of their appearance.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 957642
                           May 8, 1995

CLA-2  R:C:T  957642  jb

CATEGORY: Classification

TARIFF NO.:  6201.93.3511

Stephen L. Besler
W.J. Byrnes & Co.
2700 E. Bilby Road, Suite 201
Tucson, Arizona 85706

RE.: Classification of a men's woven nylon garment; CIE 13/88; three jacket features;          Memorandum 957468; HQ 957344; HQ 957230; HQ 956982

Dear Mr. Besler:

     This is in response to your letter, on behalf of your client, Eurotex Ltd., requesting the
classification of a men's woven nylon pullover garment.  A sample was submitted to this office for
examination and will be returned under separate cover.

FACTS:

     The submitted garment, referenced style MWWS, is a men's woven nylon pullover
garment featuring a V-neck rib knit crossover neckband, long sleeves with rib knit cuffs, a rib knit
waistband, and a 100 percent woven nylon lining.

ISSUE:

     Whether the submitted garment is classifiable as a jacket, similar to a windbreaker, or as
an other garment?

LAW AND ANALYSIS:

     Classification of goods under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI).  GRI 1 provides
that classification shall 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 garment has the basic appearance of a pullover shirt, but also displays features
generally associated with jackets.   As such, there are two possible headings in which the
submitted garment could be classified.  Heading 6205, HTSUSA, provides for men's or boys'
shirts.   The Guidelines for the Reporting of Imported Products in Various Textile and Apparel
Categories, (Guidelines) 13/88, state that shirts have full or partial front openings.  The subject
garment does not have an opening.  Customs has consistently classified garments clearly
recognized as men's shirts, although with no opening at the neckline, in heading 6211, HTSUSA,
in the provision for shirts excluded from heading 6205, HTSUSA.  The other possible
classification is in heading 6201, HTSUSA, in the provision for jackets, similar to a windbreaker.

     The Guidelines were developed and revised in accordance with the HTSUSA to ensure
uniformity, and to assist in the determination of the appropriate textile categories established for
the administration of the Arrangement Regarding International Trade in Textiles.  They offer
guidance to the trade community and Customs personnel as to various characteristics of garments. 
The Guidelines however are not explicit rules, but guidance in the process of drawing distinctions
between classes of garments.

     In pages 5 and 6 of the Guidelines, characteristics of shirt-jackets are described and some
guidance in distinguishing between shirts and jackets is given.  Shirt-jackets are described as
having "full or partial front openings and sleeves, and at the least cover[ing] the upper body from
the neck to the waist".  Various features are listed and it is stated that provided the result is not
unreasonable, if a garment possesses at least three of the listed features it will be recognized as a
jacket.  Additionally, it states that "[g]arments not possessing at least 3 of the listed features will
be considered on an individual basis.

     The garment at issue has at least three listed features from the Guidelines, i.e, rib knit
cuffs, a rib knit waistband and a lining.  It is the opinion of this office that the classification of this
garment as a jacket, similar to a windbreaker, is not unreasonable.  See also Memorandum
957468, dated February 14, 1995; HQ 957344, dated January 18, 1995; HQ 957230, dated
November 29, 1994; and HQ 956982, dated November 22, 1994, wherein Customs addresses the
proper classification of similar garments as "similar to windbreakers" or as "other" garments.

HOLDING:

     The subject garment, referenced style MWWS, is classifiable 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; men's.  The applicable
rate of duty is 29.3 percent ad valorem and the quota category is 634.

     
     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 your
client 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 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, your client should contact the local
Customs office prior to importation of this merchandise to determine the current status of any
import restraints or requirements.



                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division