HQ 087366: Classification of a men's woven jacket; classifiable as a suit-type jacket in Heading 6203

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 087366

                        September 6, 1990




CLA-2  CO:R:C:G   087366  CC

CATEGORY:  Classification

TARIFF NO.:  6203.39.2010

Ms. Laura M. Denny
Import Department
Edison Brothers Stores Inc.
Executive Office 501 N. Broadway
P.O. Box 66995
St. Louis, MO 63166-6995

RE:  Classification of a men's woven jacket; classifiable as a
     suit-type jacket in Heading 6203

Dear Ms. Denny:

     This letter is in response to your inquiry of May 14, 1990,
requesting tariff classification of a men's jacket.  A sample was
submitted for examination.

FACTS:

     The submitted sample, designated by you as style no.
"Lapelless," is a men's woven jacket.  It is composed of 65
percent rayon and 35 percent cotton, with a full lining made of
nylon.  The jacket is tailored and has four panels, of which two
are at the front and two are at the back.  It has a full frontal
opening with a one-button closure at the bottom.  There are two
slash pockets at the waist and an interior breast pocket.  Lapels
extend from the shoulder area to the bottom of the garment, and
the left lapel is partially embroidered.

ISSUE:

     Whether the submitted sample is classifiable as a suit-type
jacket in Heading 6203 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?




LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
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 6203, HTSUSA, provides for men's jackets and
blazers, among other articles.  Note 3 to Chapter 62 states that
for purposes of headings 6203 and 6204 the following:

         (a)  The term "suit" means a set of garments composed of
              two or three pieces made up in identical fabric and
              comprising:

              ...

              - one suit coat or jacket the outer shell of
              which, exclusive of sleeves, consists of four or
              more panels, designed to cover the upper part of
              the body, ....

     The Explanatory Notes, the official interpretation of the
HTSUSA at the international level, state for Heading 6203 that
the Explanatory Notes to Heading 6103 are applicable.  The
Explanatory Notes to Heading 6103, state the following:

     (A)  The term "men's or boys' suit" means a set of garments
          composed of two or three pieces made up in identical
          fabric and comprising:

          ...

          - one suit coat or suit jacket the outer shell of
          which, (exclusive of sleeves, and facings or collar, if
          any) consists of at least four panels (two in front and
          two at the back) sewn together lengthwise, designed to
          cover the upper part of the body, with a full front
          opening without a closure or with a closure other than
          a slide fastener (zipper).  It does not extend below
          the mid-thigh area and is not for wear over another
          coat, jacket or blazer.  ...

          ...

     (C)  The jackets or blazers of this heading have the same
          characteristics as the suit coats and suit jackets
          described in paragraph (A) above, except that the outer
          shell (exclusive of sleeves, and facings or collar, if
          any) may consist of three or more panels (of which two
          are at the front) sewn together lengthwise.  The
          heading does not, however, include anoraks, wind-
          cheaters, ski-jackets and similar garments of heading
          6101 or 6102.

     The submitted jacket consists of four panels, of which two
are at the front, and has a full frontal opening with a one-
button closure.  It does not extend below the mid-thigh area and
is not for wear over another coat, jacket or blazer.  It is
tailored and has lapels and a lining.  We believe that the
submitted jacket meets the requirements for classification as a
suit-type jacket according to the applicable Chapter notes and
Explanatory Notes.  Therefore, the submitted jacket is
classifiable in Heading 6203, HTSUSA.

HOLDING:

     The submitted merchandise is classified under subheading
6203.39.2010, HTSUSA, which provides for men's or boys' suits,
ensembles, suit-type jackets, blazers, trousers, bib and brace
overalls, breeches and shorts (other than swimwear), suit-type
jackets and blazers, of other textile materials, of artificial
fibers, other, men's.  The rate of duty is 29 percent ad valorem,
and the textile category is 633.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.

     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 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.

     The sample is being returned under separate cover.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division