HQ 964719

May 20, 2002

CLA-2 RR:CR:TE 964719 SG

CATEGORY: Classification

TARIFF NO.: 6211.33.0040

Ms. Joanna Cheung, Trade Specialist

Hong Kong Economic & Trade Office

1520 18 Street, NW

Washington, DC 20036

RE: Classification of a man\'s knit/woven garment: Pullover Shirt:
Sweater: Heading 6211, HTSUSA, Man-made fibers: Lyocell

Dear Ms. Cheung:

This is in response to your letter dated December 7, 2000, regarding the
quota category of a man\'s knit/woven garment. A sample was submitted to
this office for examination.

FACTS:

The submitted sample, is man\'s woven pullover shirt with a rib knit
crew neck, long woven sleeves with rib knit cuffs, and a rib knit
banding around the waist. It is made of 80 percent tencel, 19 percent
wool, and

1 percent spandex fabric. A Hong Kong export license in Category 659 was
issued to cover the said consignment. The entry of the consignment was
rejected by Customs, which demanded that the consignment be covered by a
visa in Category 640. It is your view that inasmuch as the garment lacks
a full or partial front opening, it is not a shirt and the merchandise
should be treated as a garment requiring textile category 659, as an
other garment of heading 6211.

ISSUE:

What is the proper classification for the merchandise at issue?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of
the United States Annotated is in accordance with the General Rules of
Interpretation (GRI). GRI 1 requires that classification be determined
according to the terms of the headings and any relative section or
chapter notes. Where goods cannot be classified solely on the basis of
GRI 1, the remaining GRI will be applied, in the order of their
appearance.

In a garment such as the sample before us, which is comprised of a
combination of woven and knit components, a determination must be made
to whether it is classified in Chapter 61 as a knit article or Chapter
62 as a woven article. The classification of goods in Chapter 62 is not
affected by the presence of parts or accessories of, for example,
knitted or crocheted fabrics, furskin, feather, leather, plastics or
metal. Where, however, the presence of such materials constitutes **more
than mere trimming** the articles are classified in accordance with the
relative Chapter Notes (particularly Note 4 to Chapter 43 and Note 2(b)
to Chapter 67, relating to the presence of furskin and feathers,
respectively), or failing that, according to the General Interpretative
Rules. Similar language applies to Chapter 61, except that the words
\"woven fabrics\" replace \"knitted or crocheted fabrics\" (EN at 1070
and at 1052).

The Explanatory Notes to the Harmonized Commodity Description and Coding
System (EN) to Chapter 43, heading 4303, HTSUS, states that \"(f)ur on a
garment would be regarded as mere trimming if constituting, for example,
the collar and revers (provided the collar or revers were not so
exaggerated as to form virtually a cape or bolero), cuffs or edging to
pockets, skirts, coats, etc.\" The submitted sample is woven with the
exception of a rib knit crew neck, rib knit cuffs, and a rib knit
banding around the waist. It is our view that the knitted portions of
the subject garment fall within the category of \"mere trimming\", and
therefore, do not affect the classification of the subject garment. The
garment is classified in Chapter 62 as a woven article. We must now
decide where the garment will fall in the tariff. Upon initial
examination, the garment could possibly be classified as either a shirt
or a sweater.

The ENs to Chapter 62, HTSUS, state that shirts are 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. The EN to heading
6205, HTSUS, provide that it covers shirts which are not knitted or
crocheted, including shirts with detachable collars, dress shirts,
sports shirts and leisure shirts. The garment at issue is not
classifiable under heading 6205, HTSUS, because it is not constructed as
a shirt of this heading with a partial or full opening. Instead the
subject garment is a pullover with no opening at the neckline. The
garment has the appearance of a sweater, however, the garment is lighter
than a sweater, and lacks the warmth and the elasticity of a sweater. In
addition, the tariff does not provide a specific provision for sweaters
that are woven. Consequently, having determined that the subject garment
is woven, it cannot be classified as a sweater.

Heading 6201, HTSUSA, provides for men\'s or boys\' overcoats, carcoats,
capes, cloaks, anoraks (including ski-jackets), windbreakers and similar
articles (including padded, sleeveless jackets), other than those of
heading 6203. The EN to heading 6201, HTSUSA, state that the provisions
of the Explanatory Note to heading 6101, HTSUSA, are applicable as
follows to articles of heading 6201, HTSUSA:

This heading covers a category of\...garments for men or boys
characterized by the fact that they are generally worn over all other
clothing for protection against the weather.

It includes:

Overcoats, raincoats, car-coats, capes including ponchos, cloaks,
anoraks including ski-jackets, windcheaters, wind- jackets and similar
articles, such as three-quarter coats, greatcoats, hooded capes, duffel
coats, trench coats, gabardines, parkas, padded waistcoats.

The submitted garment is not specifically provided for in the category
of articles enumerated in the EN to heading 6201, HTSUS. Though it is
feasible that this garment might be worn over a shirt, for style, if not
for warmth, it would not be worn over all other clothing for protection
against the weather, since a jacket in essence, could be worn over the
submitted garment. Therefore it is not classifiable in heading 6201,
HTSUS.

Heading 6211, HTSUS, provides for, inter alia, other garments, as well
as specifically named garments, i.e., track suits, ski suits, and
swimwear.

Headquarters ruling letters HQ 084065, dated July 26, 1989, and HQ
957877, dated September 14, 1995, classified pullover garments similar
to the garment here at issue, with no neck openings, under heading 6211,
HTSUS, as men\'s shirts excluded from heading 6205, HTSUS. It is our
view that the garment before us is also properly classified in heading
6211, HTSUS, as men\'s shirts excluded from heading 6205.

In HQ 963809 (copy enclosed) we determined that for the purposes of the
HTSUS, Chapter 54, note 1(b), lyocell is classified as an artificial
fiber.

Accordingly, garments of lyocell are classified as \"of man-made
fibers\". As the subject pullover shirt is composed of woven lyocell
fabric, it is correctly classifiable as a men\'s shirt excluded from
heading 6205, of man-made fibers, in subheading 6211.33.0040 HTSUSA.

HOLDING:

The subject sample is classifiable in subheading 6211.33.0040 HTSUSA,
which provides for \"Track suits, ski-suits and swimwear; other
garments: Other garments, men\'s or boys\': Of man-made fibers: Shirts
excluded from heading 6205.\" The applicable rate of duty is 16.2
percent ad valorem and the quota category is 640.

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 agreements which are subject to frequent
renegotiations and changes, to obtain the most current information
available, we suggest that the importer check, close to the time of
shipment, the [Status Report on Current Import Quotas (Restraint
Levels]{.underline}), an issuance of the U.S. Customs Service which is
updated weekly and is available at the 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, the importer should contact the local Customs office prior
to importing the merchandise to determine the current status of any
import restraints or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division

Enclosure