HQ 957876: Revocation of DD 897763; woven shirts with rib knit waistbands not excluded from heading 6205, HTSUSA; HQ 085802; HQ 088528; HQ 081616; HQ 082467

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 957876

                        September 20, 1995

CLA-2   R:C:T   957876   jb

CATEGORY: Classification

TARIFF NO.: 6205.30.2050

Ms. Michelle Crebbin
Jantzen Inc.
P.O. Box 3001
Portland, OR 97208-3001

RE:  Revocation of DD 897763; woven shirts with rib knit waistbands not excluded from     heading 6205, HTSUSA; HQ 085802; HQ 088528; HQ 081616; HQ 082467

Dear Ms. Crebbin:

     In District ruling (DD) 897763, dated June 6, 1994, Customs classified a men's woven
shirt of man-made fibers in heading 6211, HTSUSA.  After careful review of that ruling we have 
determined that it is in error.

     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 revocation of DD 897763 was published August 16, 1995, in the Customs
Bulletin, Volume 29, Number 33.

FACTS:

     The subject merchandise consists of a men's woven shirt, referenced style number IM322,
made up of two types of fabric.  The upper body and sleeves are 65 percent polyester and 35
percent woven cotton.  The lower body is composed of 60 percent cotton and 40 percent
polyester knit fabric.  The garment also features a knit shirt collar, a three button placket neck
opening, short sleeves and a rib knit waistband.

     In DD 897763, the subject garment was classified in heading 6211, HTSUSA, as a men's
or boys' other garment, shirts excluded from heading 6205, HTSUSA.  The garment was
precluded from classification in heading 6205, HTSUSA, because it featured a rib knit waistband.

ISSUE:

     Whether the garment is properly classifiable in heading 6205, HTSUSA, as a men's shirt
or in heading 6211, HTSUSA, as an other garment?

LAW AND ANALYSIS:

     Classification of merchandise 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 rules of the headings and any relative
section or chapter notes, taken in order.  Merchandise that cannot be classified in accordance with
GRI 1 is to be classified in accordance with subsequent GRI.

     Heading 6205, HTSUSA, provides for men's or boys' shirts.  The Explanatory Notes to
the Harmonized Commodity Description and Coding System (EN) for chapter 62, HTSUSA,
state:

     Shirts 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 EN to heading 6205, HTSUSA, further state:

     The  heading does not cover garments having the character of wind-cheaters, wind-     jackets, etc., of heading 62.01, which generally have a tightening at the bottom, or of   jackets of heading 62.03, which generally have pockets below the waist.  Sleeveless garments are also excluded.                                                                                                
                                                                                                                                                       
     The EN to heading 6205, HTSUSA, clearly exclude from its provisions only those
garments which have the character of wind jackets of heading 6201, HTSUSA, and jackets of
heading 6203, HTSUSA.  Although the subject garment features a type of tightening at the waist,
it neither exhibits the character of a wind jacket nor of a jacket of heading 6203, HTSUSA.
Furthermore, Customs has held similar garments featuring tightening at the waist to be classifiable
as shirts of heading 6205, HTSUSA.  See, HQ 081616, dated September 27, 1988; HQ 082467,
dated August 24, 1989; HQ 085802, dated November 21, 1989; and HQ 088528, dated May 28,
1991. 

     Accordingly, DD 897763 is revoked.  The proper classification for the subject
merchandise is as a men's shirt in heading 6205, HTSUSA.





HOLDING:

     The subject men's shirt, referenced style number IM322, is properly classifiable in
subheading 6205.30.2050, HTSUSA, which provides for men's or boys' shirts: of man-made
fibers: other: other; other: with two or more colors in the warp and/or the filling: men's.  The
applicable rate of duty is 30.7 cents per kilogram plus 27.3 percent ad valorem and the textile
category is 640.

     The designated 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, we suggest you check, close to the time of shipment, the Status Report on Current
Import Quotas (Restraint Levels) an issuance of the 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, you should contact the local Customs
office prior to importing the merchandise to determine the current status of any import restraints
or requirements.

     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)).






                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division