Revocation of NY A83887; garment has appearance of jacket;heading 6211, HTSUSA
Active· CBP ruling HQ 959416· Issued 1996-07-05
Ruling text
HQ 959416
July 5, 1996
CLA-2 RR:TC:TE 959416 jb
CATEGORY: Classification
TARIFF NO.: 6211.42.0075
Eleanore Kelly-Kobayashi, Esq.
Rode & Qualey
295 Madison Avenue
New York, NY 10017
RE: Revocation of NY A83887; garment has appearance of jacket;
heading 6211, HTSUSA
Dear Ms. Kobayashi:
This is in response to your letter, dated June 26, 1996, on
behalf of your client, Rafaella Sportswear, requesting revocation
of New York Ruling Letter (NY) A83887, dated June 7, 1996,
regarding the classification under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA) of a women's woven
garment. A sample of the garment and several pictures
demonstrating how the garment is displayed in department stores
were submitted to this office for examination.
FACTS:
The submitted women's garment, referenced style number
RW0359, is constructed from 100 percent woven cotton fabric. The
garment extends from the neck and shoulders to the waist and has
a full frontal opening secured by a zipper, a pointed collar,
long sleeves without cuffs and two breast pockets with zipper
closures.
In NY A83887, the subject garment was classified in heading
6206, HTSUSA, as a blouse. You disagree with this determination.
In your opinion the subject garment is properly classified in
heading 6211, HTSUSA, as a jacket/jacket-type garment excluded
from heading 6202, HTSUSA. In the alternative, you propose
heading 6202, HTSUSA, which provides for, among other things,
anoraks, windbreakers and similar articles.
ISSUE:
Whether the subject garment is properly classifiable in
heading 6202, HTSUSA, which provides for, among other things,
anoraks, windbreakers and similar articles, or in heading 6206,
HTSUSA, which provides for, among other things, women's blouses,
or in heading 6211, HTSUSA, which provides for, among other
things, jackets/jacket-type garments excluded from heading 6202,
HTSUSA ?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, taken in
order. Merchandise that cannot be classified in accordance with
GRI 1 is to be classified in accordance with subsequent GRI.
Heading 6202, HTSUSA, provides for, among other things,
women's or girls' anoraks, windbreakers and similar articles.
The types of garments that are classifiable within this heading
are usually those garments which exhibit features which have a
fabric weight that is slightly heavier than the submitted garment
and which would protect the wearer from inclement weather. This
does not appear to be the case with the submitted garment. As
such, we move on to the next plausible classification.
Heading 6206, HTSUSA, provides for, among other things,
women's blouses. The Textile and Apparel Category Guidelines
(Guidelines),13/88, dated November 23, 1988, provides guidance in
the determination of appropriate textile categories while
insuring uniformity both in the classification of garments and to
the HTSUSA. The Guidelines define blouse as:
Blouses are outer garments usually extending from the neck
or shoulders to the vicinity of the waistline. However,
also included in the category are overblouses and similar
garments which may extend to mid-thigh area or below, and
which are frequently slit up the leg. Blouses may have a
collar treatment of any type or no collar. The closure may
be positioned on the front, back, or side, or the garment
may even be without closure as in a pullover...
The Fashion Dictionary, by Mary Brooks Picken, 1957, at 23,
defines "blouse" as:
Loose waist or bodice of various types extending from
neckline to waistline or below. Worn inside or outside
separate skirt.
The Essential Terms of Fashion, by Charlotte Mankey
Calasibetta, 1986, at 9, defines "blouse" as:
Clothing for the upper part of the body usually softer and
less tailored than a shirt, worn with matching or
contrasting skirt, pants, suit or jumper. Formerly called a
waist.
The definitions for "blouse" stated above describe a garment
which appears to be less tailored, or freer in form than the
submitted garment which has a more streamline, form-fitting, and
rigid silhouette. Additionally, the overall appearance of the
submitted garment does not qualify for classification as a shirt,
which is also provided for in heading 6206, HTSUSA, for the
reasons stated below. Thus, we devolve to heading 6211, HTSUSA.
Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear and other garments. Subheading 6211.42.0075,
HTSUSA, provides for jackets and jacket-type garments excluded
from heading 6202, HTSUSA. The Guidelines define jacket as
having:
[F]ull or partial front openings and sleeves, and at the
least cover the upper part of the body from the neck area to
the waist. They may be within the coat category if designed
to be worn over another garment (other than underwear). The
following criteria may be used in determining whether a
shirt-jacket is designed for use over another garment, the
presence of which is sufficient for its wearer to be
considered modestly and conventionally dressed for
appearance in public, either indoors or outdoors or both:
1) Fabric weight equal to or exceeding 10 ounces per square
yard.
2) A full or partial lining.
3) Pockets at or below the waist.
4) Back vents or pleats. Also side vents in combination
with back seams.
5) Eisenhower styling.
6) A belt or simulated belt or elasticized waist on hip
length or longer shirt-jackets.
7) Large jacket/coat style buttons, toggles or snaps, a
heavy-duty zipper or other heavy- duty closure, or buttons
fastened with reinforcing thread for heavy-duty use.
8) Lapels.
9) Long sleeves without cuffs.
10) Elasticized or rib-knit cuffs.
11) Drawstring, elastic or rib-knit waistband.
Garments having features of both jackets and shirts will be
categorized as coats if they possess at least three of the
above listed features and if the result is
unreasonable...Garments not possessing at least 3 of the
listed features will be considered on an individual basis.
In the Essential Terms of Fashion, by Charlotte Mankey
Calasibetta, 1986, at 90, "jacket" is defined as:
Item of apparel, usually shorter than hip-length, designed
to be worn over other clothing of either indoors or outdoors.
Some are made in double-breasted or single-breasted manner;
others have no closing, and some are closed with a zipper.
The determinative issue is whether this garment is
classifiable as a jacket or a blouse. The determination of this
issue will depend, in large part, on whether the garment's design
renders it exclusively suitable for use as one or the other and
the manner in which the garment is marketed. In situations
such as these, Customs will first examine the physical
characteristics of the garment at hand. This office has noted in
prior rulings that, "the merchandise itself may be strong
evidence of use." See also, Mast Industries, Inc. v. United
States, 9 CIT 549, at 552, citing United States v. Bruce Duncan
Co., 50 CCPA 43, 46, C.A.D. 817 (1963).
The Guidelines state that garments not possessing three of
the enumerated features should be considered on an individual
basis. Although the submitted garment does not possess three
jacket features, it does have two attributes of a jacket noted by
the Guidelines, namely, a heavy-duty zipper and long sleeves
without cuffs. We also note that a full frontal zipper, as
featured in the submitted garment, is relatively uncommon in
blouses. In the case of the submitted garment, the physical
appearance of the garment strongly suggests use as a jacket.
Additionally, the pictures you provided wherein the garment is
displayed on a hanger placed over a shirt and vest with matching
slacks, support your assertion that these garments will be
marketed and sold as jackets.
Accordingly, it is the opinion of this office that the
submitted garment was incorrectly classified in NY A83887 in
heading 6206, HTSUSA. The proper classification for the subject
garment is in heading 6211, HTSUSA.
HOLDING:
The submitted women's woven garment, referenced style
RW0359, is properly classified in subheading 6211.42.0075,
HTSUSA, which provides for, track suits, ski-suits and swimwear;
other garments: other garments, women's or girls': of cotton:
jackets and jacket-type garments excluded from headings 6202.
The applicable rate of duty is 8.5 percent ad valorem and the
quota category is 335.
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 your client check, close to the time of shipment,
the Status on Current Import Quotas (Restraint Levels) an
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) and the
restraint (quota/visa) categories, your client should contact the
local Customs office prior to importing the merchandise to
determine the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division
Source: rulings.cbp.gov — ruling 959416, retrieved 2026-10-12T05:31:27Z, republished verbatim. This digest is informational; only CBP issues binding rulings.