HQ 087172: Woven outer 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 087172

                                November 19, 1990




CLA-2 CO:R:C:G  087172 DRR

CATEGORY: Classification

TARIFF NO.: 6202.13.4020

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

Re:  Woven outer garment 

Dear Mr. Stack:

 This is in reference to your letter dated May 11, 1990,
on behalf of Honey Fashions, Inc., requesting the classification of a woven
garment under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).

FACTS:

The merchandise at issue is represented by a sample garment made of 100 percent
brushed woven acrylic fabric.  The garment is rectangular in shape, measuring
approximately 62 inches in length by 36 inches in width, with an additional 5
inches of fringe along all sides.  It has a 32 inch slit in the center front to
create a full front opening and two front panels.  The garment extends from the
neck and shoulders to below mid-thigh.

ISSUE:

Whether the garment at issue is classifiable under Heading 6202, HTSUSA or
Heading 6214, HTSUSA. 

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in 
accordance with the General Rules of Interpretation (GRI), taken in order.  GRI
1 provides that classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Heading 6202, HTSUSA,
provides for overcoats, capes, cloaks, and similar coats.  Heading 6214, HTSUSA,
provides for shawls, scarves, mufflers and mantillas. 
 
                                      - 2 -


The Explanatory Notes to the HTSUSA may be consulted for guidance as to the
correct international interpretation of the various HTSUSA provisions.  The
Explanatory Notes to heading 6214, HTSUSA, state that shawls are usually square,
triangular
or circular and large enough to cover the head and shoulders.  The Explanatory
Notes do not define capes.

Capes are defined in Mary Brooks Picken's, The Fashion Dictionary at 56 (3rd.
ed. 1973) as an outer garment, of any length, which hangs loosely from the
shoulders and usually covers the back, shoulders and arms.  A scarf is defined
as a wide band of fabric worn loosely in various ways over the shoulders or
around the neck. (id., page 312) 

The item in question is similar is style to a cape or cloak in construction and
appearance.  It is designed to cover the entire back and front of the torso and
could function as an outer garment to provide protection and warmth.  It is
therefore more properly classifiable under Heading 6202.  The cases cited in
your letter, HRL 084617 and 085503, are distinguishable in that those cases
classified items which, although oversized, were designed and intended for use
as shawls or scarves and therefore within the purview of Heading 6214.

HOLDING:

The garment at issue is classified under subheading 6202.13.4020, HTSUSA,
overcoats, carcoats, capes, cloaks...and similar articles, of man-made fibers,
other, other, women's,
with a duty rate of 29.5 percent ad valorem and subject to textile  quota
category of 635.

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.
 
                                       -3-


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, 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.

Sincerely,




John Durant, Director
Commercial Rulings Division
 DRRimmer library/PEH
name: 087172
6cc A.D., N.Y. Seaport