HQ 951241: Modification of DD 868382 of November 26, 1991;Classification of a ladies' woven garment

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 951241

                          June 19, 1992



CLA-2   CO:R:C:T  951241 CAB

CATEGORY:  Classification

TARIFF NO.:  6206.90.0040

Mr. Tommy Lai
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036

RE:  Modification of DD 868382 of November 26, 1991;
Classification of a ladies' woven garment

Dear Mr. Lai:c

     This ruling is in response to your request of February 26,
1992, for reconsideration of DD 868382 of November 26, 1991 under
the Harmonized Tariff Schedule of the United States Annotated.
Your request for reconsideration is limited to one of the ladies'
garments that was the subject of the District Ruling.  The other
garment has not been submitted nor is its classification under
dispute.  A sample was submitted for examination.

FACTS:

     The garment at issue, Style 59163, is a ladies' upper body
garment manufactured from a lightweight 55 percent linen and 45
percent cotton woven fabric.  The hip length garment contains a
full front opening secured by six metal buttons, round collar
with capped edge, long sleeves with shirt cuffs, two chest
pockets, and four darts each on the front and back panels which
extend up from the bottom of the garment.  This garment was
classified as a jacket in Heading 6202, HTSUSA, in DD 868382.
The inquirer asserts that the garment is properly classifiable in
Heading 6206, HTSUSA, as a blouse.

ISSUE:

     Whether the sample garment is classifiable as a jacket in
Heading 6202, HTSUSA, as ruled in DD 868382, or is the garment
classifiable as a blouse in Heading 6206, HTSUSA?


LAW AND ANALYSIS:

     Imported goods are classifiable according to the General
Rules of Interpretation (GRIs) of the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).  GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative Section or Chapter notes."  Merchandise
that cannot be classified in accordance with GRI 1 are to be
classified in accordance with subsequent GRIs, taken in order.

     The sample garment is potentially classifiable in two
headings.  One such heading is Heading 6206, HTSUSA, which
provides for women's blouses, shirts, and shirt-blouses.  The
Explanatory Notes (EN) to the HTSUSA are the official
interpretation of the tariff at the international level.  While
not legally binding, the EN do represent the considered views of
the experts on the Harmonized System Committee.  Because the EN
represent the considered views of the international community, it
has been Customs' policy to follow them whenever possible, when
interpreting the HTSUSA.

     The General EN to Chapter 62, HTSUSA, defines shirts and
shirt-blouses as garments designed to cover the upper part of the
body, having long or short sleeves and a full or partial opening
starting at the neckline.  Blouses are also designed to cover the
upper part of the body but may be sleeveless and without an
opening at the neckline.

     The Textile Category Guidelines, C.I.E. 13/88 at 16, which
are sometimes utilized as a guide when determining the common or
commercial designation of textile articles describe blouses and
shirts as follows:

     Blouses are outer garments usually extending from the neck
     or shoulders to the vicinity of the waistline...Blouses may
     have a collar treatment of any type or no collar treatment.
     The closure may be positioned on the front, back, or side,
     or the garment may even be without closure as in a pullover.
     Also included in the category are shirts, the feminine
     counterpart of men's and boys' shirts, from which they may
     be distinguished by size, style, and usually fastenings.

     The other potential heading for the sample garment is
Heading 6202, HTSUSA, which provides for women's
overcoats...windbreakers and similar articles (including padded
sleeveless jackets).

     The C.I.E. 13/88 at 6, states in pertinent part:

     Shirt-jackets have full or partial front openings and
     sleeves, and at the least cover the upper body from the neck
     area to the waist.  They may be within the coat category if
     designed to be worn over another garment (other than
     underwear).

     The sample garment does contain a full front opening that
can be fastened with metal buttons.  It also possesses sleeves
and it covers the upper body to the waist.  However, various
factors preclude the garment from being classifiable in the coat
category.  The garment is not designed to be worn over another
garment. The instant merchandise can be completely fastened and
worn without any type of shirt or undergarment.  There are no
openings that would prevent the merchandise from being worn in
this manner.  Finally, the garment is constructed from a
lightweight fabric that is not capable of protection against the
elements (rain, wind, etc.).

     The C.I.E. 13/88 at 6, also lists certain factors to be
considered when determining whether a garment is classifiable as
a jacket or shirt-blouse.  The instant garment does not possess
any of the characteristics that would prompt a jacket
classification.

     We hereby modify DD 868382 in accordance with the rationale
given above.

HOLDING:

     The garment in question is properly classifiable in
subheading 6206.90.0040.  The rate of duty is 7.1 percent ad
valorem, and the textile category is 840.

     The designated textile and apparel 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 agreements 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 internal issuance of the
U.S. Customs Service, which 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
restraining (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.

     In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying DD
868382 to reflect the above classification effective with the
date of this letter.  However, if after your review, you disagree
with the legal basis for our decision, we invite you to submit
any arguments you might have with respect to this matter for our
review.  Any submission you wish to make should be received
within 30 days of the date of this letter.

     This notice to you should be considered a modification of DD
868382 under 10 CFR 177.9(d)(1).  It is not to be applied
retroactively to DD 868382 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling.  However, for the purposes of
future transactions of merchandise of this type, DD 868382 will
not be valid precedent.  We recognize that pending transactions
may be adversely affected by this modification, in that current
contracts for importations arriving at a port subsequent to this
decision will be classified pursuant to it.  If such a situation
arises, you may, at your discretion, notify this office and apply
for such relief from the binding effects as may be warranted by
the circumstances.  However, please be advised that in some
instances involving import restraints, such relief may require
separate approvals from other government agencies.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division