Classification of a chef's jacket; Heading 6211; Heading 6206
Active· CBP ruling HQ 959817· Issued 1997-04-07
Ruling text
HQ 959817
April 7, 1997
CLA-2 RR:TC:TE 959817 DHS
CATEGORY: Classification
TARIFF NO.: 6206.30.3040
Mauritz Plenby
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018
RE: Classification of a chef's jacket; Heading 6211; Heading 6206
Dear Mr. Plenby:
This is in reply to your letter dated September 13, 1996,
submitted on behalf of PT Mayertex, requesting a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), concerning a chef's jacket. A sample
was submitted for examination. Our response follows.
FACTS:
The submitted merchandise is a chef's jacket, style number
35760-092 composed of 100% woven cotton fabric and made in
Indonesia. It is a full front opening, mid-thigh length garment
with long sleeves, roll up cuffs and a mandarin collar. It
features double rows of six fabric knot buttons and button holes
that allow the garment to be buttoned right over left or left
over right making this a unisex garment. There is a left side
chest pocket with a sewn separator for holding a pen or pencil.
You assert that the chef's jacket is classifiable under
heading 6211, HTSUS, in accordance with NY Ruling 801738, dated
September 12, 1994, classifying a similar garment.
ISSUE:
What is the tariff classification of the chef's jacket?
LAW AND ANALYSIS:
The classification of goods under the HTSUS is governed by
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. In the event that the goods cannot be classified solely
on the basis of GRI 1, and if the headings and legal notes do not
otherwise require, the remaining GRI's may be applied, taken in
order.
The subject article is potentially classifiable under
heading 6211, HTSUS, and heading 6206, HTSUS. Heading 6211,
HTSUS, provides for women's track suits, ski-suits and swimwear,
and other garments. Heading 6206, HTSUS, provides for women's
blouses, shirts, and shirt-blouses.
The Explanatory Notes to the Harmonized Commodity
Description and Coding System (EN), although not legally binding,
are the official interpretation of the tariff at the
international level. The EN to heading 6114 concerning other
garments apply mutatis mutandis, to the articles of heading 6211,
HTSUS. The applicable EN to heading 6114, HTSUS, provides that
"this heading covers knitted or crocheted garments which are not
included more specifically in the preceding headings of this
chapter". Applying this language to heading 6211, HTSUS, denotes
that Heading 6211, HTSUS, is not appropriate if the garments at
issue are covered more specifically in preceding headings. The
applicable EN to heading 6211, HTSUS, further states the
following:
The heading includes, inter alia:
(1) Aprons, boiler suits (coverall), smocks and other
protective clothing of a kind worn by mechanics, factory
workers, surgeons, etc.
(2) Clerical or ecclesiastical garments and vestments (e.g.,
monks' habits, cassocks, copes, soutanes, surplices).
(3) Professional or scholastic gowns and robes.
(4) Specialized clothing for airmen, etc. (e.g., airmen's
electrically heated clothing).
(5) Special articles of apparel used for certain sports or
for dancing or gymnastics (e.g., fencing clothing, jockeys'
silks, ballet skirts, leotards).
General notes to the EN to Chapter 62 state, in part,
"Shirts and shirt blouses are garments designed to cover the
upper part of the body, having long or short sleeves and a full
front opening starting at the neckline."
The application of these two headings to other garments has
been previously reviewed by this office. For instance, in
Headquarters Ruling Letter (HQ) 959136, dated November 27, 1996,
this office classified a hospital issue scrub type top in heading
6206, HTSUS, determining that it was not suitable for use as
protective clothing. Customs pointed out in this ruling that
"the protective garments properly classifiable under heading
6211, HTSUSA, are of a kind that have special design features or
unique properties that distinguish them from other garments that
are not used for protective purposes." Several examples of this
follow. In HQ 952934, dated July 19, 1993, Customs classified
coveralls designed to protect the wearer from microwave radiation
under Heading 6211, HTSUSA. The coveralls at issue in that case
were composed of textile fabric and stainless steel fibers. In
HQ 084132, dated July 6, 1989, Customs classified a lab coat made
of 100 percent polyester woven fabric with carbon fiber woven
into it as an antistatic component under Heading 6211, HTSUSA.
The lab coat was designed for wear in the electronics industry.
The garment at issue does not have any special design
features or unique properties that make the subject top suitable
for use as protective clothing nor does it fall within any of the
other listed items in the EN to heading 6114. The subject top is
specifically provided for under heading 6206, HTSUS, thus
classification under heading 6211, HTSUS, is not appropriate.
HOLDING:
The submitted chef's jacket, referenced style number 35760-092, is classified in subheading 6206.30.3040, HTSUSA, which
provides for "Women's or girls' blouses, shirts and shirt-blouses: Of cotton: Other: Other.. Other: Women's". The
applicable rate of duty is 16.2 percent ad valorem and the
textile category is 341.
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.
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 959817, retrieved 2026-10-12T05:31:39Z, republished verbatim. This digest is informational; only CBP issues binding rulings.