The tariff classification of three pullovers from Haiti

NY 808914 May 4, 1995 CLA-2-62:S:N:N5:357 808914 CATEGORY: Classification TARIFF NO.: 6201.93.3511; 6211.33.0040 Mr. Miguel Ruiz Miami International Forwarders P.O. Box 523730 Miami, FL 33152-3730 RE: The tariff classification of three pullovers from Haiti Dear Mr. Ruiz: In your letter dated April 3, 1995, on behalf of International Manufacturing Facilities, you requested a classification ruling. Samples were submitted. All are unlined. The first item, style 8106, is a men's long-sleeved pullover garment made from a 100% texturized nylon fabric. It has long sleeves with elasticized cuffs, an elasticized waistband, a covered pocket at the waist with a horizontal opening and a drawstring hood. The second item, style 7036, is a boys' pullover with a shell of 53% polyester/47% nylon woven fabric. It has long sleeves with elasticized cuffs, an elasticized waist, a drawstring hood and a horizontal pocket in the chest with a flap. The third item, style 8036, has the same characteristics as item 7036, but it is for men. In your letter you made reference to the fact that the Textile and Apparel Guidelines (CIE 13/88) indicate that a jacket in category 634 should have a full or partial opening at the neck. Since the Guidelines were published the Customs Service has ruled in a number of instances that a garment which otherwise would qualify for classification in the subheadings for coats and jackets in Chapter 62, HTS, is classifiable there, regardless of a lack of a closure at the neck. The overall character of a garment governs its classification. The applicable subheading for style 8106 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.3 percent ad valorem. The applicable subheading for styles 7036 and 8036 will be 6211.33.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' shirts excluded from heading 6205. The duty rate will be 16.9 percent ad valorem. Style 8106 falls within textile category designation 634. Styles 7036 and 8036 fall within textile category designation 640. Based upon international textile trade agreements products of Haiti are subject to the requirement of a visa. The designated textile and apparel categories 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. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). 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, Jean F. Maguire Area Director New York Seaport