Classification of a men's woven vest; 6211, HTSUSA; marking and labeling requirements
Active· CBP ruling HQ 955640· Issued 1994-03-22
Ruling text
HQ 955640
March 22, 1994
CLA-2 CO:R:C:T 955640 CMR
CATEGORY: Classification
TARIFF NO: 6211.39.0010
Mr. Paul Meyer
Nik and Associates
P.O. Box 90279
Los Angeles, Cal. 90009-0279
RE: Classification of a men's woven vest; 6211, HTSUSA; marking
and labeling requirements
Dear Mr. Meyer:
This ruling is in response to your request of November 29,
1993, on behalf of your client, Montage International Importing,
for a classification determination on a men's woven vest. You have
also requested information regarding marking and labeling
requirements. A sample was received with your request and will be
returned under separate cover.
FACTS:
The submitted sample is a men's woven vest with a full front
opening secured by five buttons, a V-neck, two strips of fabric
sewn to the front panels at the waist to simulate slant pockets,
and a self-fabric belt on the back that is adjusted by two metal
rings. The front panels are made of 100 percent silk woven fabric.
The back panel is made of 100 percent nylon woven fabric and the
lining fabric is also 100 percent woven nylon. The garment will
be imported from China.
ISSUE:
What is the classification of the subject garment?
What are the marking and labeling requirements for the subject
garment?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided -2-
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
The vest at issue is classifiable under heading 6211, HTSUSA,
which provides for, inter alia, other garments. The vest has a
silk front and nylon back. Because the garment is made of more
than one textile material, we must determine by which material is
should be classified, i.e., silk or nylon. Subheading note 2(A)
to Section XI states:
Products of chapters 56 to 63 containing two or more textile
materials are to be regarded as consisting wholly of that
textile material which would be selected under note 2 to this
section for the classification of a product of chapters 50 to
55 consisting of the same textile materials.
Subheading note 2(B) states, in relevant part:
For application of this rule:
(a) Where appropriate, only the part which determines
the classification under general interpretative rule 3
shall be taken into account;
General interpretative rule 3 (GRI 3) provides, in pertinent
part, that classification of goods which are, prima facie,
classifiable under two or more headings, each referring to part
only of the materials or components of the good, each heading is
equally applicable and classification should then be based upon
that material or component from which the good derives its
essential character.
Customs issued Memorandum 084118 on April 13, 1989,
delineating guidelines for determining the essential character of
garments made up of different fabrics. For upper body garments,
such as the vest at issue, the guidelines are as follows:
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 -3-
present, classification will be according to GRI 3(b) or 3(c),
as appropriate.
In this case, neither the silk or nylon fabric comprises 60
percent or more of the visible surface area and the silk fabric
makes up the entire front of the garment. As the front of the
garment, in our opinion, has the greatest visual impact and is the
primary motivation for the purchasing of this particular garment
by a consumer, we believe the silk front imparts the garment's
essential character. Thus, the garment is classifiable as of silk.
In regard to your inquiry regarding marking and labeling
requirements, the marking statute, section 304, Tariff Act of 1930,
as amended (19 U.S.C. 1304), provides that, unless excepted, every
article of foreign origin (or its container) imported into the U.S.
shall be marked in a conspicuous place as legibly, indelibly and
permanently as the nature of the article (or its container) will
permit, in such a manner as to indicate to the ultimate purchaser
in the U.S. the English name of the country of origin of the
article.
It should be noted that textile fiber products imported into
the U.S. must be labeled in accordance with the Textile Fiber
Products Identification Act (15 U.S.C. 70 through 70K) and the
rules promulgated thereunder by the Federal Trade Commission.
Questions concerning fiber content labelling requirements are
covered under the Textile Fiber Products Identification Act.
Therefore, we suggest that you contact the Federal Trade
Commission, Division of Enforcement, 6th and Pennsylvania Avenue,
N.W., Washington, D.C. 20508, regarding their labelling
requirements.
HOLDING:
The submitted men's vest is classifiable in subheading
6211.39.0010, HTSUSA, which provides for men's other garments
containing 70 percent or more by weight of silk or silk waste.
The garment is dutiable at 3 percent ad valorem.
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.
Sincerely,
John Durant, Director
Source: rulings.cbp.gov — ruling 955640, retrieved 2026-10-12T05:29:00Z, republished verbatim. This digest is informational; only CBP issues binding rulings.