HQ 085859: Classification of a woven cotton jacket

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 085859

                                February 7, 1990


      CLA-2 CO:R:C:G  085859  CMR

      CATEGORY: Classification

      TARIFF NO.: 6203.32.2040, 6203.32.2050

      Ms. Barbara Anderson
      International News
      820 1st Avenue, South
      Seattle, Washington  98134

      RE: Classification of a woven cotton jacket

      Dear Ms. Anderson:

           This ruling is in response to your letter of October 9, 1989,
      requesting the classification of a woven cotton men's jacket.  The
      jacket will be imported from India or Nepal.

      FACTS:

           The submitted sample is a men's woven cotton jacket with two
      front panels, two rear panels, hemmed long sleeves, a small breast
      pocket, two patch pockets at the waist, lapels, and a full front
      opening secured by a single button.  The front panels are lined with
      self fabric.

           The jacket will be imported under style number 28-A01 and 28-
      A02.  This style in boy's sizes will be imported under style number
      K28-A01 and K28-A02.

      ISSUE:

           Is the garment at issue properly classified as a suit-type
      jacket under heading 6203, HTSUSA?

      LAW AND ANALYSIS:

           Classification of products under the HTSUSA is governed by the
      General Rules of Interpretation (GRIs).  GRI 1 provides that
      classification shall be determined according to the terms of the
      headings and any relative section or chapter notes, and provided such
      headings or notes do not otherwise require, according to [the
      remaining GRIs taken in order].











                                       -2-


           The garment meets the requirements set out in the Explanatory
      Notes for jackets or blazers in heading 6203, HTSUSA.  The Explana-
      tory Notes are the official interpretation of the HTSUS at the
      international level.  The Explanatory Notes for heading 6103, HTSUSA,
      which apply mutatis mutandis to heading 6203, HTSUSA, require a
      jacket or blazer to have three or more panels (of which two are in
      the front) sewn together lengthwise.  The jacket has four panels (two
      in the front and two in the back) sewn together lengthwise.

           The garment is designed to be worn as a jacket over other
      outerwear garments.  We believe it has sufficient features to be
      considered a suit-type jacket.  The self-fabric lining, lapel
      styling, full frontal opening with a single-button closure and front
      waist pockets are features generally found in casual leisure jackets.

      HOLDING:

           The garment at issue is classified as a men's suit-type jacket
      in subheading 6203.32.2040, HTSUSA, textile category 333, dutiable at
      10 percent ad valorem.  The jacket in boys' sizes is classified as a
      suit-type jacket in subheading 6203.32.2050, HTSUSA, textile category
      333, dutiable at 10 percent ad valorem.

           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 you 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 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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division














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