HQ 081696: Tariff classification of certain men's knit/woven shirts

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 081696

                                    November 18, 1988



             CLA-2 CO:R:C:G   081696  SM

             CATEGORY:  Classification

             TARIFF NO.:  6211.33.0060

             Mr. Ronald G. Sleeis
             Custom House Broker
             317 S. Isis Avenue
             Inglewood, CA  90301

             RE:  Tariff classification of certain men's knit/woven shirts

             Dear Mr. Sleeis:

                  Your letter of November 3, 1987, addressed to our New
             York office, requesting a tariff classification on behalf of
             Commercial Uniform Co./Brookhurst International, for certain
             men's shirts, has been referred to this office for reply.  You
             state that the men's garments in question will be imported
             from Hong Kong, China, Korea, Taiwan, and/or Bangladesh
             through the port of Los Angeles.

             FACTS:

                  A sample of Style HD20 was submitted to this office.  It
             is a men's pullover shirt composed of both knit and not knit
             fabrics.  The woven portions are 65 percent polyester/35
             percent cotton.  The knit portions are 100 percent acrylic.

                  The knit portions are the rib-knit crew neck, cuffs, and
             waistband; and the upper front panel, which constitutes about
             64 percent of the front of the garment.  The woven portions
             are the long sleeves, the entire back, the lower portion of
             the front, and a one-inch wide band across the chest.

             ISSUE:

                  How is Style HD20, combining knit and woven fabrics,
             classified?

             LAW AND ANALYSIS:

                  Classification under the Harmonized Tariff Schedule of
             the United States Annotated (HTSUSA) is in accordance with the
             General Rules of Interpretation (GRI's).  GRI 1 provides that
             classification is determined first in accordance with the
             terms of the headings of the tariff, and any relevant section










             and chapter notes.































































                                           -2-

                  No heading of the HTSUSA provides specifically for
             textile wearing apparel that is both knitted and not knitted.
             Heading 6105 provides for men's shirts, knitted or crocheted.
             However, since Style HD20 has a ribbed waistband, classifica-
             tion under heading 6105 is precluded by Note 4 to chapter 61.
             Therefore, if classified in Chapter 61, this style would fall
             under heading heading 6110, which  provides for men's sweat-
             ers, pullovers, sweatshirts, waistcoats, and similar articles,
             knitted or crocheted.  Heading 6205 provides for men's shirts,
             not knitted or crocheted.  However, the Explanatory Notes, the
             official interpretation of the HTSUSA at the international
             level, state that for Chapter 62, garments classified as
             shirts must have a full or partial opening starting at the
             neckline.  Since Style HD 20 lacks such an opening, it is not
             classifiable as a shirt.  If classified in Chapter 62, it
             would fall under heading 6211, HTSUSA, which provides for
             track suits, ski-suits, swimwear, and other garments.

                  The Explanatory Notes state, for Chapter 61, that clas-
             sification of knitted or crocheted apparel that includes parts
             of woven fabric constituting more than mere trimming is in
             accordance with any relative chapter notes or according to the
             GRI's.  A similar note for Chapter 62 concerns apparel not
             knitted or crocheted that includes parts of knitted or cro-
             cheted fabric.

                  The sample garment is made up of both knitted and not
             knitted fabrics in quantities that clearly constitute more
             than mere trimming.  No chapter notes refer to the classifi-
             cation of such garments; therefore, classification is in
             accordance with the remaining GRI's.

                  GRI 2(a) is inapplicable because the garment is not
             incomplete or unfinished.  GRI 2(b) is inapplicable because
             none of the possible headings contains a reference to a mater-
             ial or substance.

                  GRI 3 provides for the classification of articles that,
             for any reason, are prima facie classifiable under two or more
             headings.  GRI 3(a) provides that the heading providing the
             most specific description of the merchandise is to be pre-
             ferred.  But in this case the possible headings are equally
             descriptive.

                  GRI 3(b) provides for the classification of composite
             goods consisting of different components.  This description
             fits the sample shirt, which has both knitted and not knitted
             components attached to each other to form an inseparable
             whole.  Under GRI 3(b), such articles are to be classified as
             if they consisted of the component that gives them their
             essential character, insofar as it can be determined.  Thus,











                                           -3-


             we must determine, if possible, whether the knitted or not
             knitted components give the garment its essential character.

                  The Explanatory Notes for GRI 3(b) state that essential
             character may be determined by the nature of the component,
             its bulk, quantity, weight, or value, or by the role of a
             constituent material in relation to the use of the goods.

                  The woven portions of Style HD20 not only comprise the
             predominant surface area, but give the overall impression that
             the garment is a woven one.  When viewed from the wearer's
             back or sides, the shirt appears to be woven.  From the front,
             the knitted chest portion is balanced by the long woven
             sleeves and the woven lower portion of the front panel.  We
             conclude that the shirt is essentially a woven garment.

             HOLDING:

                  The shirt is classified in Chapter 62 as a men's garment
             not knitted or crocheted.  It falls under subheading
             6211.33.0060, HTSUSA, textile category 659, a provision for
             other men's garments of man-made fibers.  This classification
             represents the present position of the Customs Service under
             the HTSUSA.  If there are changes before the effective date of
             January 1, 1989, this advice may not continue to be applic-
             able.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division



























             6cc:  Area Director, NY seaport Area
             cc:   NIS Gerard Shea
             cc:   CITA
             cc:   Phil Robins
             cc:   Legal Reference Section