HQ 085802: Unisex knit and woven shirt with neither component impartingessential character and partial front opening fastening left overright a man's woven shirt.

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 085802

                        November 21, 1989


CLA-2 CO:R:C:G  085802  HP

CATEGORY:  Classification

TARIFF NO.:  6205.20.2065

M. Arvind K. Suri
Vice President, Imports
J.F. Moran Company, Inc.
20 Avery Road
Cranston, RI 02910

RE:  Unisex knit and woven shirt with neither component imparting
essential character and partial front opening fastening left over
right a man's woven shirt.

Dear M. Suri:

     This is in reply to your letter of August 29, 1989,
concerning the tariff classification of a unisex shirt, produced
in either Hong Kong or Macau, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).  Please
reference your client Miller Screening Company.

FACTS:

     The merchandise at issue consists of a pullover cotton shirt
with a partial front opening buttoning left over right.  It has
long sleeves and a lower body of 100% knit cotton.  It has front
and back yokes of 100% cotton sheeting.  It has two front pockets
on the knitted portion, slightly below the breast area.  It has a
1 X 1 ribbed collar, cuffs and bottom welt, composed of 95%
cotton and 5% lycra.  The woven portion of the garment comprises
approximately 45% of the shirt, with the knitted portion encom-
passing the remaining 55%.  A leather-like applique adorns the
upper right breast portion of the garment, attached by a Velcro-
like mechanism.

ISSUE:

     Whether the instant merchandise is considered woven or knit,
and whether it is considered unisex, male or female?







LAW AND ANALYSIS:

     Knitted Versus Woven Apparel

          Chapter 61, HTSUSA, provides for the classification of
articles of apparel and clothing accessories, knitted or crochet-
ed.  Chapter 62, HTSUSA, provides for the classification of
similar merchandise, woven.  The General Rules of Interpretation
(GRIs) to the HTSUSA govern the classification of goods in the
tariff schedule.  GRI 1 states, in pertinent part:

          ... classification shall be determined according to the
          terms of the headings and any relative section or
          chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to
be classified in accordance with subsequent GRIs, taken in order.

     The instant merchandise is composed of woven material and
knitted material.  In HRL 084118 PR of April 13, 1989, we held
that

               [w]here garments are made from both
          woven and knit fabrics, or where they contain
          both textile and nontextile components,
          [thereby, in most cases, precluding
          classification by way of GRI 1,] the
          classification of those garments depends on a
          subjective determination of which component--
          the woven or the knit, or the textile or
          nontextile--imparts the essential character
          to the particular garments.

                              * * *

               Accordingly, we have determined that, in
          the absence of unusual circumstances, the
          following criteria should be applied in the
          classification of garments consisting of
          different fabrics or of textile and nontex-
          tile components.

                              * * *

               If no component comprises 60 percent of
          the visible surface area, classification will
          be according to GRI 3 (b) or 3(c), as ap-
          propriate.

                              * * *







               Note that in the classification of gar-
          ments [described] above, GRI 3(c) should not
          be used unless it cannot be clearly
          determined which component gives the garment
          its essential character.

     GRI 3 states, in pertinent part:

          When by application of Rule 2(b) [goods of more than
          one material or substance] or for any other reason,
          goods are, prima facie, classifiable under two or more
          headings, classification shall be effected as follows:

                              * * *

          (b)  [C]omposite goods ... made up of different compo-
               nents, which cannot be classified by reference to
               3(a) [which requires that goods be classified, if
               possible, under the more specific of the competing
               provisions], shall be classified as if they con-
               sisted of the material or component which gives
               them their essential character, insofar as this
               criterion is applicable.

     The factors which determine essential character of an
article will vary from case to case.  It may be the nature of the
component, its bulk, quantity, weight, value, or the role a
component plays in relation to the use of the goods.  In general,
essential character has been construed to mean the attribute
which strongly marks or serves to distinguish what an article is;
that which is indispensable to the structure or condition of an
article.

     It is our opinion that neither the woven nor the knitted
component imparts the essential character of the garment.  The
surface area is approximately the same, and looking at the
garment from both front and back gives the overall impression of
being a combination garment.  Contra HRL 081696 of November 18,
1988 (classifying woven/knitted shirt under GRI 3(b) where woven
surface area predominates and overall impression is of woven
garment).  Classification by means of GRI 3(b) is therefore not
possible.

     GRI 3(c) states that

          [w]hen goods cannot be classified with
          reference to 3(a) [heading with the most
          specific description] or 3(b) [component
          imparting essential character], they shall be
          classified under the heading which occurs
          last in numerical order among those which
          equally merit consideration.







     By definition, headings of Chapter 62 occur subsequent to
those of Chapter 61.  The shirt is therefore classifiable in
Chapter 62, HTSUSA, as a woven garment.

     Men's Versus Women's Garments

          Heading 6205, HTSUSA, provides for men's or boys'
shirts.  Heading 6206 covers similar garments, for women or
girls'.  The Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the international level.

The EN to heading 6206 excludes those garments which have a
ribbed waistband or other tightening mechanism at the bottom of
the garment.  If this garment is considered for women or girls,
therefore, classification under heading 6206 would be
inapplicable.

     In HRL 084336 of August 10, 1989, we addressed the issue of
unisex shirts.

               Note 8 to Chapter 62, HTSUSA, directs
          "[a]rticles of this Chapter which cannot be
          identified as either mens's or boys' garments
          or as women's or girls' garments ... to be
          classified in the headings concerning women's
          or girls' garments."  Under this analysis,
          any gender-nonspecific garments of Chapter
          62, including the instant merchandise, must
          be classified as a woman's or girl's article.

               However, the Explanatory Notes, ...
          [w]hile not legally binding, ... do represent
          the considered views of classification ex-
          perts from the various CCC countries.  It has
          therefore been the practice of the Customs
          Service to follow, whenever possible, the
          terms of the Explanatory Notes when inter-
          preting the HTSUSA.

               Explanatory Note 62.05 states that:

               [s]hirts having a front opening on the neck-
               line which fastens or overlaps left over
               right are considered to be shirts for men or
               boys.  By application of Chapter Note 8,
               shirts which cannot be identified as for men
               or boys or women or girls are to be
               classified as women's or girls' garments.
               [Emphasis added]

          The language of Chapter Note 8 requires
          classification [as] women's or girls' ...
          only when articles cannot be identified as
          for males or for females.  Explanatory Note







          62.05 aids the classifier in determining
          whether the garment was manufactured for
          males or females; in essence, this Explanato-
          ry Note allows no leeway when the type of
          fastening referred to exists.

     Following this analysis, the instant merchandise, with a
partial front opening fastening left over right, must be
classified as a man's or boy's shirt.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading 6205.20.2065, HTSUSA, textile catego-
ry 340, as men's or boy's shirts, of cotton, other, other, other,
other, men's.  The applicable rate of duty is 21 percent ad
valorem.

     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 agree-
ments which are subject to frequent renegotiations and changes,
to obtain the most current information available, we suggest that
you 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 your
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 your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.


                            Sincerely,


                      John Durant, Director
                   Commercial Rulings Division