HQ 084771: Reconsideration of NYRL 838965, issued April 5, 1989 and NYRL 838966, issued April 10, 1989

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 084771

                         August 23, 1989

CLA-2 CO:R:C:G  084771 CB

CATEGORY:  Classification

TARIFF NO.:  6205.20.2065

Patrick D. Gill, Esq.
Rode & Qualey
295 Madison Avenue
New York, NY  10017

RE:  Reconsideration of NYRL 838965, issued April 5, 1989 and
     NYRL 838966, issued April 10, 1989

Dear Mr. Gill:

     This ruling is being issued in response to your letter of
May 31, 1989, on behalf of Country Seat Stores, Inc. and Contex
Garments Limited, requesting a reconsideration of NYRL 838965,
dated April 5, 1989, and NYRL 838966, dated April 10, 1989,
issued under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), for men's shirt-type jackets from Hong Kong.

FACTS:

     The sample subject to NYRL 838965, style no. 501415, is a
men's pullover unlined shirt-type jacket constructed of woven 100
percent cotton twill fabric.  The garment has long-sleeves and
features rib knit cuffs and contrasting colored fabric sewn on
the upper portion of each sleeve.  There is a four inch wide
elasticized knit band featuring a drawstring tightening with a
fabric overlay attached along the bottom of the garment.  The
garment has a shirt-type collar and a partial front opening at
the neck that is secured by buttons.  The front opening features
a contrasting colored fabric insert on the under-placket which
shows as piping on the front of the garment.  There is a chest
pocket on the left side of the garment.

     The sample subject to NYRL 838966, style no. 501413, is also
a men's pullover unlined shirt-type jacket constructed of woven
100 percent cotton twill fabric.  The garment submitted has long-
sleeves and features rib knit cuffs and a contrasting colored
fabric insert along the length of each sleeve.  The garment has a
rib knit collar and a partial front opening at the neck that is
secured by buttons.  There is a contrasting colored fabric insert
below the collar that encircles the garment.  The waistband is
rib knit and there is a chest pocket on the left side of the
garment.
                               -2-


ISSUE:

     Whether the subject garments were properly classified as
jackets in Heading 6201, HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that the starting point is the
terms of the headings and subheadings of the tariff and any
relevant section or chapter notes.

     NYRL 838965 and NYRL 838966 classified the subject
merchandise in subheading 6201.92.2050, HTSUSA, which provides
for other men's windbreakers and similar articles, other than
those of 6203, of cotton.  The inquirer claims that the garments
should be classified as shirts.  In support of this claim, the
inquirer points out that the fabric weight is five ounces per
square yard and that the quota category guidelines (published as
CIE 13/88) require a fabric weight of ten ounces per square yard
for a garment to be considered a jacket.

     The textile guidelines, set forth in the Reporting Of
Imported Products in Various Textile and Apparel Categories, CIE
13/88, were created to aid in determining the commercial
designation and classification of an article.  The guidelines
specify the criteria for shirt-jackets and state that the garment
must possess at least three of the enumerated features to be
categorized as jackets.  The subject garments only meet two of
the properties listed in the guidelines.  The subject garments
possess rib-knit cuffs and a drawstring or rib-knit waistband.  

     Heading 6205, HTSUSA, provides for Men's or boys' shirts. 
The subject garments are constructed of 100 percent woven cotton
twill fabric with a shirt-type collar and a partial front
opening.  Taking into consideration all of the characteristics of
the garments, we believe they are classifiable in subheading
6205.20.2065, HTSUSA, as a men's or boys' shirts, of cotton,
other, other.

HOLDING:

     The subject garments are classifiable in subheading
6205.20.2065, HTSUSA, which provides for men's or boys' shirts,
of cotton, other, other.  The textile category is 340 and the
rate of duty is 21 percent ad valorem.
                               -3-


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

     NYRL 838965 and NYRL 838966 are modified accordingly.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division


 

6cc:  Area Director, New York Seaport
1cc:  CITA
1cc:  Legal Reference Section
1cc:  Phil Robins