HQ 081994: Request for classification of jackets with carry bags

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 081994

                        November 2, 1989

CLA-2 CO:R:C:G  081994 CB

CATEGORY:  Classification

TARIFF NO.: 6201.93.3000;  6201.93.3510;  4202.92.3030

Ms. Saralee Antrim
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA  90026-5097

RE:  Request for classification of jackets with carry bags

Dear Ms. Antrim:

     This ruling is in response to your letter of December 4,
1987, on behalf of R. Doherty International, requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for a jacket with carry bag
from Macau and Bangladesh.

FACTS:

     Two samples were submitted for review.  You have stated that
the jackets are made from 100 percent woven nylon fabric with a
1000mm polyurethane plastic coating on the inner surface of the
shell.  Each has a full-front zippered opening, zippered slant
pockets, a roll-up hood which stores in the collar, elasticized
wrists and a drawstring waist.  Each jacket comes with a barrel-
shaped stuff bag measuring approximately nine inches long and six
inches wide when flat.  These bags have a drawstring closure with
a lockcord on the open end.

ISSUE:

     How are the jacket and bag classified under the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.

                               -2-


     You have stated that you believe the subject garments are
properly classified in Heading 6210, HTSUSA, which provides for
garments, made up fabrics of heading 5602, 5603, 5903, or 5907.
However, the Legal Notes to these headings state that the heading
does not apply to fabrics in which the coating cannot be seen
with the naked eye.  Therefore, these garments are precluded from
classification under Heading 6210, HTSUSA.

     The subject garments would be appropriately classified in
heading 6201, HTSUSA, which provides for men's or boys'
overcoats, carcoats,...windbreakers, and similar articles, not
knitted or crocheted.  According to the information you have
provided, the subject merchandise has a polyurethane waterproof
coating.  Additional U.S. Note 2, Chapter 62, defines water
resistant garments for purposes of subheading 6201.93.30 as those
that under a head pressure of 600 millimeters, not more than 1.0
gram of water penetrates after two minutes.  The garment you
submitted as a sample has been misplaced and therefore we were
unable to subject the same to any kind of testing.  However, if
the garment meets the water resistant requirements it would be
classifiable under the provision for anoraks, windbreakers and
similar articles of man-made fibers, water resistant, in
subheading 6201.93.3000, HTSUSA.

     GRI 5(a) provides that containers specially shaped or fitted
to contain specific articles, suitable for long-term use and
entered with the articles, shall be classified with such
articles when of a kind normally sold therewith.  In addition,
pursuant to GRI 5(b), packing materials and containers are also
classified with the goods if they are of a kind normally used for
packing such goods and are not suitable for repetitive use.  It
is Customs position that the subject carrying bag is classifiable
separately from the jacket because it does not meet the
requirements of either GRI 5(a) or (b).  The carrying bag is not
specially shaped or fitted to contain the jacket and the bag is
suitable for repetitive use.  Therefore, the carrying bag is
classifiable in Heading 4202, HTSUSA, which provides for
containers of textile material.

HOLDING:

     The subject "Jacket-in-Sack" garment, if "water resistant",
is classifiable in subheading 6201.93.3000, HTSUSA, which
provides for men's or boys' overcoats,...windbreakers and similar
articles...other than those of heading 6203, of man-made fibers,
other, water resistant.  The rate of duty is 7.6 percent ad
valorem and the textile category is 634.


                               -3-

     Otherwise, if the garment is not "water resistant", it is
classifiable in subheading 6201.93.3510, HTSUSA, which provides
for men's or boys' overcoats,...windbreakers and similar articles
...other than those of heading 6203, of man-made fibers, other,
other, men's.  The rate of duty is 29.5 percent ad valorem and
the textile category is 634.

     The carrying bag is classifiable in subheading 4202.92.3030,
HTSUSA, which provides for trunks...sport bags, bottle bags...of
plastic sheeting, of textile materials..., with outer surface of
plastic sheeting or of textile materials, other, other.  The rate
of duty is 20 percent ad valorem and the textile category is 670.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) 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.

     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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.

                                Sincerely,





                                John Durant, Director
                                Commercial Rulings Division