HRL 088473 revoked. Prayer kaftan not intended to be usedas protection against weather not classifiable as coat. Yarmul-kes; religious articles; garments.

Active· CBP ruling HQ 950269· Issued 1991-12-27

Ruling
HQ 950269
Issued
Status
Active
Category
Classification
HS prefixes
6211.33
Tariff numbers
6211.33.0060

Ruling text

HQ 950269

                        December 27, 1991


CLA-2 CO:R:C:T  950269  HP

CATEGORY:  Classification

TARIFF NO.:  6211.33.0060

Mr. Asher Glauber
G & Quality Clothing, Inc.
165 Division Avenue
Brooklyn, New York 11211

RE:  HRL  088473 revoked.  Prayer kaftan not  intended to be used
as protection against weather not  classifiable as coat.  Yarmul-
kes; religious articles; garments.

Dear Mr. Glauber:

     This is  in reply to  your letter of  April 10, 1991.   That
letter  concerned the tariff classification, under the Harmonized
Tariff  Schedule of  the United States  Annotated (HTSUSA),  of a
prayer kaftan, produced in Hungary.

FACTS:

     The merchandise at issue consists of a long sleeve, slightly
longer than knee length,  black overcoat with a full  front open-
ing, a collar, and lapels.  The exterior satin-like shell is made
of woven polyester-like fabric, and the lining is made from woven
rayon fabric.   On the right  front panel there are  three fabric
covered buttons  and three buttonholes;  on the left  front panel
there is a  buttonhole that  corresponds to both  the top  fabric
covered  button and  another button  on the  inside of  the right
front  panel.   Each  sleeve has  two  decorative fabric  covered
buttons near its opening.  There is a single inside fabric breast
pocket  and  two exterior  inserted pockets  in  the rear  of the
garment.

     The garment  is worn by Hasidic Jewish  men during religious
services on the  Sabbath.   Since these men  are prohibited  from
carrying anything in their  hands in public, the garment  is worn
while walking to and from the synagogue.

     In  HRL  088473 PR  of March  21,  1991, we  classified this
garment under heading  6201, HTSUSA,  as a men's  overcoat.   You
disagree, claiming  that since the  garment is only  by necessity
worn  outside, rather  than carried  in the  hands, it  should be
classified as a robe.
                                2

ISSUE:

     Whether the prayer kaftan  is considered a religious article
not classifiable as apparel under the HTSUSA?

LAW AND ANALYSIS:

     The  General Rules  of Interpretation  (GRIs) to  the HTSUSA
govern the classification of goods in the tariff schedule.  GRI 1
states,  in pertinent  part,  that "...  classification shall  be
determined according to the  terms of the headings and  any rela-
tive  section or  chapter  notes ...."    Goods which  cannot  be
classified  in  accordance with  GRI 1  are  to be  classified in
accordance with subsequent GRIs, taken in order.

     Heading  6201, HTSUSA,  provides for,  inter alia,  men's or
boys' overcoats, carcoats, capes, cloaks and  similar coats.  The
Explanatory  Notes (EN)  to  the HTSUSA  constitute the  official
interpretation of the  tariff at the international level.   While
not legally binding,  they do represent  the considered views  of
classification experts  of the  Harmonized System Committee.   It
has therefore been the practice of the Customs Service to follow,
whenever  possible,  the  terms  of the  Explanatory  Notes  when
interpreting the HTSUSA.   The EN to heading 6101,  HTSUSA, which
apply, mutatis mutandis, to the  articles of heading 6201, states
that

               [t]his heading covers a category  of ...
          garments  for men  or boys,  characterised by
          the fact that  they are  generally worn  over
          all other clothing for protection against the
          weather.

     WEBSTER'S II NEW RIVERSIDE UNIVERSITY DICTIONARY (1984),  at
217, defines  "caftans" (variant of Kaftan)  as "[a] full-length,
longsleeved, often  loose-fitting tunic worn chiefly  in the Near
East."   You  state that  while the  prayer kaftans  are designed
similarly, and while circumstances necessitate the wearing of the
prayer kaftan on the street,  "it is most definitely not  worn as
an overcoat."  You have  included, as an attempt to clear  up any
misunderstandings from  your first ruling request,  a letter from
the  Council of Jewish Organizations of Boro Park.  In describing
the use of the prayer kaftan, Rabbi Bernard Freilich definitively
states  that  "[i]t is  ... never  worn  without an  overcoat and
certainly  never meant to used as one, even in inclement weather,
to provide additional warmth."  Emphasis added.

     The prayer kaftan  is clearly  not intended to  be used  for
protection against the weather; indeed, wearing the kaftan during
those hot days of summer yields the antithesis of protection.  It
would  appear from  Rabbi Freilich's  letter that  to consciously
profit  from any  ancillary  warming features  while wearing  the
prayer kaftan to and  from synagogue would violate the  spirit of
Orthodox  Jewish faith.  Based in part on your additional submis-
sions, it is our  opinion that the prayer kaftan  was incorrectly
classified as a coat.  HRL 088473 is therefore revoked.

     In  HRL 088473, we  noted that  "yarmulkes, which,  like the
instant merchandise, are worn solely for religious purposes, [and
are] classifiable [as] headwear."  See HRL 038858 of May 1,  1975
(TSUS).  That ruling is  distinguishable from the instant matter.
Assuming the yarmulkes would also be classified as headgear under
the  HTSUSA,  wherein the  Explanatory  Notes  for overcoats  and
similar garments recognizes that such garments are "characterised

                                3

by the fact  that they are generally worn over all other clothing
for  protection  against the  weather,"  the  General Explanatory
Notes to Chapter 65, HTSUSA, states that "this Chapter covers ...
hats and other headgear of all kinds, irrespective of the materi-
als of which they are made and of their intended use (daily wear,
theatre, disguise, protection, etc.)."  Emphasis added.

     In  HRL 088473, we noted  that "since there  is no provision
for  religious articles of the type  here involved, the competing
provisions  are the heading  for coats [(which  we have disquali-
fied)] versus the headings for other made up articles."  This was
also incorrect.  Heading 6211,  HTSUSA, provides for, inter alia,
other  garments.  The  Explanatory Notes  to heading  6114, which
apply, mutatis mutandis, to the other garments provisions of this
heading, states:

               This heading covers  ... garments  which
          are  not included  more  specifically in  the
          preceding headings of this Chapter.

               The heading includes, inter alia:

                              * * *

          (2)  Clerical or  ecclesiastical garments and
               vestments (e.g., monks' habits, cassocks
               [(a  long garment  reaching to  the feet
               and  worn by  the clergy  and some  lay-
               persons assisting  in church services)],
               copes  [(a long  ecclesiastical vestment
               worn by clerics over the alb (a liturgi-
               cal  vestment consisting of a long white
               linen  robe  with  tapered  sleeves)  or
               surplice (infra))], soutanes [(a cassock
               (supra)   worn   by  a   Roman  Catholic
               priest)],  surplices  [(a  loose-fitting
               white gown with wide sleeves,  worn over
               a cassock (supra) by some clerics)].

There  is no requirement  that "other garments"  of heading 6211,
HTSUSA, be  used for protection against  the weather.  It  is our
opinion that even though  the prayer kaftan could not  be classi-
fied as a coat, is clearly still a garment, and should be classi-
fied herein.

     Finally,  you state that  the belt that  was classified with
the prayer kaftan in HRL 088473 was not submitted for classifica-
tion, but was sent merely to demonstrate how the prayer kaftan is
used  at services.   The  belt is  "sold separately  by different
retailers."   Since you are  not importing the  prayer kaftan and
belt together to  be put  up as a  set for  retail sale, you  may
disregard that analysis from your original ruling.

HOLDING:

     As a  result of  the foregoing,  the instant merchandise  is
classified under  subheading 6211.33.0060, textile  category 659,
as  track suits,  ski-suits and  swimwear; other  garments, other
garments,  men's or boys', of man-made fibers, other.  The appli-
cable rate of duty is 17 percent ad valorem.

     The designated textile and apparel category may be subdivid-
ed into parts.  If so,  visa and quota requirements applicable to
the subject merchandise  may be affected.  Since  part categories

                                4

are the  result of  international bilateral agreements  which are
subject to frequent  negotiations 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  issuance of  the  U.S.  Customs
Service, which is updated  weekly and is available at  your 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, you should contact  your local
Customs office  prior to  importing the 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 revoking HRL
088473  to reflect  the above  classification effective  with the
date of this  letter.   However, if you  disagree with the  legal
basis  for  our decision,  we invite  you  to submit,  either for
yourself or on  behalf of  your client, 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  therefore be considered a revoca-
tion  of  HRL  088473  of  March  21,  1991,  under 19  C.F.R.
177.9(d)(1) (1989).  It is not to be applied retroactively to HRL
088473  (19 C.F.R.  177.9(d)(2) (1989)) and will not, therefore,
affect the  transaction for  the importation of  your merchandise
under  that ruling.  However, for the purposes of future transac-
tions in merchandise of  this type, including that for  which the
present classification is requested, HRL 088473 will not be valid
precedent.   We  recognize that  pending transactions may  be ad-
versely affected by this revocation in that current contracts for
importations  arriving at a port subsequent to the release of HRL
950269  will  be classified  under  the new  ruling.   If  such a
situation arises, you may, at your discretion, notify this office
and apply for  relief from the binding effects  of the new ruling
as  may be  dictated by  the circumstances.   However,  please be
advised that in some  instances involving import restraints, such
relief  may  require  separate  approvals  from  other government
agencies.

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed  without a copy, this ruling  should be
brought  to the  attention of  the Customs  officer  handling the
transaction.

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed  without a copy, this ruling  should be
brought to   the attention  of the Customs  officer handling  the
transaction.

                            Sincerely,



                      JOHN DURANT, DIRECTOR
                   COMMERCIAL RULINGS DIVISION

Source: rulings.cbp.gov — ruling 950269, retrieved 2026-10-12T05:25:33Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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