HQ 954810: Classification of a woven and knit wool garment for men; Memorandum 084118, dated April 13, 1989; Note 8 to chapter 62, HTSUSA; garment similar to a cardigan; HQ 087043, dated July 30, 1990

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 954810

                        November 9, 1993


CLA-2  CO:R:C:T  954810  jb

CATEGORY:  Classification

TARIFF NO.:  6211.31.0045

Manny Seligmann, Esq.
Tower Group International, Inc.
4111-A Rose Lake Drive
P.O. Box 19169
Charlotte, North Carolina 28219

RE:  Classification of a woven and knit wool garment for men; 
     Memorandum 084118, dated April 13, 1989; Note 8 to chapter
     62, HTSUSA; garment similar to a cardigan; HQ 087043, dated
     July 30, 1990

Dear Mr. Seligmann:

     This is in response to your letter, dated July 22, 1993, on
behalf of your client, Tweeds, Inc., requesting the tariff
classification of a men's woven and knit wool garment.  A sample
was submitted to this office for examination and will be returned
under separate cover.

FACTS:

     The submitted sample, referred to as Style number 34973, has
a knit wool back, knit wool sleeves and a woven wool front.  The
woven portion is lined with woven acetate.  The percentage
breakdown between knit and woven portions is as follows:

     SURFACE AREA           WEIGHT           VALUE
      KNIT/WOVEN          KNIT/WOVEN       KNIT/WOVEN
       69 / 31             67 / 33          47 / 53

     The garment has a full frontal opening with button closure
and two pockets at the waist.  When buttoned, the upper portion
of the garment features a V-shape neckline extending from the
collarbone to the top button.  The sample garment buttons left
over right.  You state that the garment is unisex and may be worn
by both men and women.



ISSUE:

     What is the classification of the submitted garment?

LAW AND ANALYSIS:

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

     GRI 2(b) states that goods consisting of more than one
material are to be classified according to GRI 3.  GRI 3(a)
states that the heading which provides the most specific
description is to be preferred to one that is more general. 
However, when two headings each refer to only part of the
materials in mixed goods, the headings are to be regarded as
equally specific.  Consequently, goods which are not classifiable
under 3(a) are analyzed as per GRI 3(b) which directs that the
goods be classified as if they consisted of the material which
gives them their essential character.
     
     In a garment such as the present, comprising of a
combination of woven and nonwoven components, a determination
must be made to establish the essential character of the garment
as directed by GRI 3(b).  In Memorandum 084118, dated April 13,
1989, Customs stated that certain criteria shall be applied in
the classification of garments consisting of different fabrics or
of textile and nontextile components.  The memorandum states in
pertinent part:

     a. For upper or lower body garments, if one component      
        exceeds 60 percent of the visible surface area, that     
        component will determine the classification of the      
        garment unless the other component:
 
          (1) forms the entire front of the garment; or
          (2) provides a visual and significant decorative effect
              (e.g. a substantial amount of lace); or
          (3) is over 50 percent by weight of the garment; or
          (4) is valued at more than 10 times the primary        
              component.

     If no component comprises 60 percent of the visible surface
     area, or if any of the above four listed conditions are
     present, classification will be according to GRI 3(b) or
     3(c), as appropriate.


     The subject garment features the knit component exceeding 60
percent of the visible surface area as well as exceeding 50
percent by weight of the garment.  However, as the woven
component forms the entire front of the garment, a condition
explicitly stated in Memorandum 084118 as affecting the essential
character determination of a garment, classification must be
determined by application of GRI 3(b) or 3(c), as appropriate. 
It is the opinion of this office that the woven wool component
attributes a substantial visual impact to the garment and thereby
imparts the essential character of the garment. 

     Note 8 to chapter 62, HTSUSA states that garments designed
for left over right closure shall be regarded as men's garments
unless the cut of the garment clearly indicates that it is
designed for one or the other of the sexes.  As the subject
garment, a size medium, is large enough to be an amply cut men's
medium and has no features indicating that it is other than a
men's garment, it is classified as a men's garment.  

     For classification purposes, this garment is not the type of
jacket classified in either heading 6201 or 6203, HTSUSA. 
Heading 6201, HTSUSA, provides for men's or boys' overcoats, car-
coats, capes, cloaks, anoraks (including ski-jackets), wind-
cheaters and similar articles.  Heading 6203, HTSUSA, provides
for inter alia, men's or boy's suits, ensembles, jackets and
blazers.

     As was determined by Customs in HQ 087043, dated July 30,
1990, regarding a similar garment:

     The Explanatory Notes, the official interpretation of the
     HTSUSA at the international level, state for Heading 6201
     that the Explanatory Notes to Heading 6101 are applicable. 
     The Explanatory Notes to Heading 6101 state the following:

          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...

     The garment at issue, which is similar to a cardigan
     sweater, is not specifically provided for in Heading 6201
     and is not included in the category of articles listed in
     the Explanatory Notes applicable to Heading 6201.  In
     addition, although it would be worn over a shirt, the
     garment at issue would not generally be worn over all other
     clothing for protection against the weather, since a jacket
     could be worn over this garment outdoors.  Therefore it is
     not classifiable in heading 6201.



     Similarly, in the instant case, the garment is not the type
of garment intended by either heading 6201 or 6203, HTSUSA.  The
subject garment neither provides protection against inclement
weather as anticipated by the garments in heading 6201, HTSUSA,
nor features the structured styling or tailoring normally
attributed to suit-type garments of heading 6203, HTSUSA. 

     As no heading specifically provides for the sample garment,
classification devolves to heading 6211, HTSUSA, which includes a
breakout for jackets and jacket-type garments.

HOLDING:

     The submitted garment, referred to as Style number 34973, is
classified in subheading 6211.31.0045, HTSUSA, which provides for
men's other woven wool garments, jacket-type garments.  The
applicable rate of duty is 17 percent ad valorem and the quota
category is 434.

     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 negotiations and
changes, we suggest that your client check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint
Levels), and 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) categories,
your client 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