HQ 957344: Modification of HRL 956222; classification of a wind shirt; classifiable as a jacket, similar to a windbreaker

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 957344

                         January 18, 1995

CLA-2 CO:R:C:T 957344 CMR

CATEGORY: Classification

TARIFF NO.: 6202.93.4500, 6202.93.5011

Mr. Patrick Sheridan
Senior Customs Representative
11/Fl., St. John's Building
33 Garden Road, Central
Hong Kong
 
RE: Modification of HRL 956222; classification of a wind shirt;
    classifiable as a jacket, similar to a windbreaker 

Dear Mr. Sheridan:

     On April 21, 1994, this office issued a ruling to you in
regard to a request by Rena Gabriel for the classification of a
woven pullover referred to as a wind shirt.  Other than the
sample, we had no information regarding the garment use in the
United States.  Since the time we issued Headquarters Ruling
Letter (HRL) 956222, Customs has received more information
regarding the use of garments such as the one ruled on in HRL
956222.  Based upon that additional information, we are modifying
HRL 956222 to reflect proper classification of the garment at
issue therein as a jacket, similar to a windbreaker, in heading
6202, HTSUSA.  Pursuant to section 625, Tariff Act of 1930 (19
U.S.C. 1625), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993)
(hereinafter section 625), notice of the proposed modification of
HRL 956222 was published December 14, 1994, in the Customs
Bulletin, Volume 28, Number 50.

FACTS:

     The sample in HRL 956222 was described as:

     a woven pullover upper body garment.  The garment is made
     with 100 percent nylon woven fabric with a 600 mm coating
     (which we assume is a plastics).  The garment features long
     sleeves, a round neckline with rib knit trim, rib knit
     cuffs, and a rib knit bottom.  The rib knit fabric is made                                -2-


     of 65 percent polyester/35 percent cotton or 100 percent
     cotton fabric.  The garment will be made in the People's
     Republic of China, Sri Lanka or Bangladesh.

ISSUE:

     Was the garment classified in HRL 956222 properly classified
as a women's other garment (blouse excluded from heading 6206) of
heading 6211, HTSUSA, or is it more properly classified as a
women's jacket, similar to a windbreaker in heading 6202, HTSUSA?

LAW AND ANALYSIS:

     Classification of goods 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]."

     In HRL 956982, Customs recently classified a garment very
similar to the garment classified in HRL 956222.  The garment in
HRL 956982 was described as a windjacket and its use in the
United States was described as for wear on golf courses during
inclement weather.  In addition, catalogue advertising was
submitted showing the garment described as a windjacket.

     As the garment in HRL 956222 is so similar to that in HRL
956982, with the exception being that intended use was not
described in HRL 956222, Customs believes the garments should be
classified in the same manner.  Therefore, Customs is modifying
HRL 956222 to reflect proper classification of the garment
therein to be as a women's woven man-made fiber jacket, similar
to a windbreaker in heading 6202, HTSUSA.

HOLDING:

     The wind shirt of HRL 956222 is properly classified as a
women's woven man-made fiber jacket, similar to a windbreaker, in
subheading 6202.93.4500, HTSUSA, if it meets the water resistance
test of U.S. Note 2, Chapter 62.  Garments classified therein are
dutiable at 7.6 percent ad valorem.  If the garment does not meet
the water resistance test, it is classified in subheading
6202.93.5011, HTSUSA, and is dutiable at 29.3 percent ad valorem. 
The garment falls in textile category 635.

     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                                -3-


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.

     HRL 956222 dated April 21, 1994, is hereby modified.  In
accordance with section 625, this ruling will become effective 60
days after its publication in the Customs Bulletin.  Publication
of rulings or decisions pursuant to section 625 does not
constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division