HQ 087342: Men's Shirts and Jeans

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 087342
                       September 7, 1990




CLA-2  CO:R:C:G  087342  JS

CATEGORY:  Classification

Mr. Lester Cheng
6915 Croyden Circle
Wichita, Kansas 67226

RE:  Men's Shirts and Jeans

Dear Mr. Cheng:

     This is in reference to your letter of May 20, 1990,
requesting classification under the Harmonized Tariff Schedule
of the United States Annotated ("HTSUSA") of men's shirts and
jeans to be imported from China.

     A sample of the merchandise to be imported was not submitted
for our inspection.  Due to the absence of a sample and the
insufficient information provided in your request, we are unable
to issue you a binding ruling.  The following reply may
therefore be used for informational purposes only.

     Two magazine pictures of the merchandise at issue were
included with the information in your letter.

     You state that the men's shirts will be made of either 65%
polyester/35% cotton fabric or 55% polyester/45% cotton fabric.
The submitted picture depicts short-sleeved shirts which have
collars and button down front openings; these particular shirts
are of a  multicolored plaid design.  However, you state that the
shirts will also be imported in solids, stripes and prints.  In a
telephone conversation with our office on August 29, 1990, you
also indicated that the shirts are woven and not knit.

     The men's jeans are made of 100% cotton fabric which appears
to be denim.  The picture provided shows a pair of men's pants
which have all the traditional features of "jeans."  They are
blue, with front slit pockets and back patch pockets; they have
visible seam stitching and a yellow trade tag sewn into one of
the back seams.






SHIRTS

     Heading 6205, HTSUSA, provides for men's or boy's shirts.
The Explanatory Notes ("EN"), the official interpretation of the
Tariff at the international level, state that the heading covers
shirts with detachable collars, dress shirts, sports shirts and
leisure shirts.  As an aid in determining the applicability of
this heading to the subject goods, The Textile and Apparel
Category Guidelines CIE 13/88 (November 23, 1988) provides the
following description:

          [Men's shirts, not knit]...cover male garments which
          extend from the neck and shoulder areas to or below
          the waist.  A shirt should have a full or partial front
          opening, which closes left side over right side...
          [S]hirts must have sleeves.

          At the present time, distinctions made between types of
          collars, the presence of shirttails, or color pattern
          are helpful, but not definitive, in characterizing
          shirts as dress, sport or work garments.

     The shirts presented for importation appear to fit the
criteria above;  furthermore, the brightly colored plaids and
short sleeves of the pictured shirts suggest that they are
designed as sport shirts.  However, variations in the design of
the shirt, i.e. solid-colored shirts, or shirts that are printed
with different colors rather than woven with different colored
threads, will be classified under a different subheading.

PANTS

     Heading 6203, HTSUSA, provides for, inter alia, men's
trousers.  EN 62.03, which applies the provisions of EN 61.03,
mutatis mutandis, to the articles of this heading, states that
"trousers" means garments which envelope each leg separately,
covering the knees and usually reaching down to or below the
ankles.  In order to be classified as jeans, however, the pants
must comply with the requirements of "blue denim" as defined in
Chapter 55, HTSUSA, Statistical Note 1(h), which states that

          "blue denim" means fabric weighing more than 170 grams
          per square meter, of 3-thread or 4-thread twill,
          including broken twill, warp faced, the warp yarns of
          which are dyed blue and the weft yarns of which are
          unbleached, bleached, dyed grey or colored a lighter
          shade of blue than that of the warp yarns.






     If you wish to resubmit your request, please include samples
and a detailed description of the goods.  This will allow us to
make a proper determination of the HTSUSA classification binding
on all U.S. Customs ports and points of entry.

                                   Sincerely,


                                   John Durant, Director
                                   Commercial Operations Division