HQ 082074: Waterproof garment, request for modification of NYRL 826951

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 082074

                                  November 15, 1989

          CLA-2 CO:R:C:G DRR 082074

          CATEGORY: Classification

          TARIFF NO.: 6202.93.4500

          Mr. Duncan A. Nixon
          Sharretts, Paley, Carter & Blauvelt, P.C.
          80 Broad Street
          New York, New York 10004

          RE:  Waterproof garment, request for modification of NYRL 826951

          Dear Mr. Nixon:

               This is in reference to your letter dated February 24, 1988,
          requesting the modification of NYRL 826951, dated January 22,
          1988.

          FACTS:

               The merchandise at issue is represented by a womens's woven
          jacket of man-made fibers from Korea.  The jacket is waist long
          and padded.  It has a full front zipper opening covered by a
          textile flap, long sleeves, a stand-up collar, front pockets and
          epaulets.  The inner surface of the outer shell fabric is coated
          with an unnamed substance which is not separately visible to the
          naked eye.  NYRL 826951, dated January 22, 1988, classified the
          garment in subheading 6202.93.5010, HTSUSA, with a duty rate of
          29.5 percent and subject to visa category 635.  In your request
          for reconsideration, you state that the garment is water-
          resistant, an issue which was not adressed by NYRL 826951.  Your
          request is accompanied by a copy of a laboratory report which
          states that less than one gram of water penetrated the material
          when the shell fabric was tested pursuant to AATCC method 35-
          1980.

          ISSUE:

               Whether the garment at issue is classifiable in subheading
          6202.93.5010, HTSUSA, or subheading 6202.93.4500, HTSUSA.



















                                        - 2 -

          LAW AND ANALYSIS:

               Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI), 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.
          Subheading 6202.93.4500, HTSUSA, provides for Women's or girl's
          overcoats, carcoats, capes, cloaks, anoraks (including ski-
          jackets)...Anoraks..., Of manmade fibers, Other, Water resistant.
          Subheading 6202.93.5010, HTSUSA, provides for Women's or girl's
          overcoats, carcoats, capes, cloaks, anoraks (including ski-
          jackets)...Anoraks..., Of manmade fibers, Other, Other, Women's.
          Additional U.S. Note 2, Chapter 62, states that "water resistant"
          means that garments classifiable in certain subheadings
          (including subheading 6202.93.4500) must have a water resistance
          such that, under a head pressure of 600 millimeters, not more
          than 1 gram of water penetrates after two minutes when tested in
          accordance with AATCC Test Method 35-1985.  This water resistance
          must be the result of a rubber or plastics application to the
          outer shell, lining or inner lining.  The garment, when tested by
          the Custom's laboratory did not meet the standards for water
          resistance in the seams of the jacket.

          HOLDING:

               The garment in question is classifiable under subheading
          6202.93.5010, HTSUSA, Women's or girl's overcoats, carcoats,
          capes, cloaks, anoraks (including ski-jackets)...Anoraks..., Of
          manmade fibers, Other, Other, Other, with a duty rate of 29.5
          percent and subject to visa category 635.

               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, 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.






















                                         -3-


               Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, you should contact your local Customs office prior
          to importation of this merchandise to determine the current
          status of any import restraints or requirements.

               NYRL 826951 is hereby affirmed.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division














































          6 cc: A.DS. N.Y., Seaport
          DRRimmer library/peh
          name: 082074