us-cbp-cross-rulings-hq-085318•HQ 085318: Classification of a men's jacket from the People's Republic of China under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)
HQ 085318: Classification of a men's jacket from the People's Republic of China under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)
us-cbp-cross-rulings-hq-085318HQ 085318: Classification of a men's jacket from the People's Republic of China under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)Guidance
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 085318
November 3, 1989
CLA-2 CO:R:C:G 085318 CMR 843694
CATEGORY: Classification
TARIFF NO.: 6201.93.3000, 6201.93.3510
Beth Brotman, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004
RE: Classification of a men's jacket from the People's Republic of
China under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)
Dear Ms. Brotman:
This ruling is in response to your submission of July 21, 1989,
on behalf of Amerex of California, Corporation, requesting the
classification of a men's jacket from the People's Republic of China.
It is anticipated that the merchandise will be entered through the
port of New York.
FACTS:
A sample jacket was submitted for review. The sample, style
1559/1589, is a man's upper-thigh-length parka with a woven 65
percent polyester/35 percent cotton chintz outershell which reverses
to a woven poplin fabric of the same composition. The garment has a
nonwoven 100 percent polyester filling; a full-front opening with a
zipper closure covered by a placket or storm flap that can be secured
over the zipper by four snaps located along the length of the flap; a
detachable hood secured by five snaps; a stand-up collar with a snap
closure; a drawstring at the waist; long sleeves; (on the chintz
fabric side) two slanted pockets below the waist each having a flap
and snap closure; (on the poplin fabric side) adjustable textile
straps around the wrists for tightening the sleeves, two patch
pockets below the waist with flaps having a velcro closure and a slit
along one edge forming another pocket, a vertical chest pocket with a
covered zippered closure, a flange extending around the chest area,
and nonadjustable textile epaulets.
-2-
You claim in your submission that the inner surface of the
chintz fabric shell has a plastics application making the garment
"water resistant" as defined by Additional U.S. Note 2, Chapter 62,
HTSUSA. No laboratory report was submitted, however, to support your
assertion that the garment is water resistant.
ISSUE:
Is the submitted garment classifiable under the provision for
anoraks (including ski jackets), windbreakers, and similar garments,
in subheading 6201.93.3000, HTSUSA, or, due to the presence of the
nonwoven polyester filling, under the provision for garments, made up
of a fabrics of heading 5603 (among other headings), in subheading
6210.10.4025, HTSUSA?
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order].
In HRL 083721 of June 13, 1989, a jacket with a heavy nonwoven
fabric insulating layer was determined to be classifiable under
heading 6210, HTSUSA, which provides for garments, made up of a
fabrics of heading 5603 (among other headings). The reason for this
result was the presence of the heavy nonwoven fabric which
contributed significantly to the garment and, therefore, could not be
ignored. Note that even though the garment was determined to be
"made up of fabrics" of heading 5603, the garment was not determined
to have its essential character imparted by the nonwoven fabric.
While not expressly stated in the ruling, the nonwoven insulating
layer was much heavier than that normally found in similar garments.
We have been informed that a normal nonwoven insulating layer weighs
eight ounces per square yard.
The garment at issue here appears to have a fairly average
amount of nonwoven polyester filling. Where a garment has a normal
(or less than normal) weight nonwoven insulating layer, that
insulating layer will be disregarded in determining the classifica-
tion of the garment. This is in accord with the Harmonized Commodity
Description and Coding System, Explanatory Notes, which are the
official interpretation of the HTSUSA at the international level, and
which state in regard to Chapter 62:
The classification of goods in this Chapter is not affected
by the presence of parts or accessories of, for example, knitted
or crocheted fabrics, furskin, feather, leather, plastics or
metal. Where, however, the presence of such materials
-3-
constitutes more than mere trimming the articles are classified
in accordance with the relative Chapter Notes (particularly Note
4 to Chapter 43 and Note 2(b) to Chapter 67, relating to the
presence of furskin and feathers, respectively), or failing
that, according to the General Interpretative Rules. (at 848)
Since normal linings fall within the category of "mere
trimming", and the nonwoven insulating lining in the garment at issue
is no heavier than would normally be found in a jacket, the nonwoven
lining does not affect the classification of the subject garment.
Since the chintz and poplin fabrics are of the same composition,
it is not necessary to decide which fabric should determine the
classification of the garment.
HOLDING:
Provided the garment at issue meets the water resistance test
specified in U.S. Note 2, as has been claimed, it is classifiable
under the provision for men's anoraks (including ski jackets),
windbreakers, and similar garments, of man-made fibers, other, water
resistant, in subheading 6201.93.3000, HTSUSA, textile category 634,
dutiable at 7.6 percent ad valorem.
However, if the garment fails to meet the water resistance test
specified in U.S. Note 2, it is classifiable under the provision for
men's anoraks (including ski jackets), windbreakers, and similar
garments, of man-made fibers, other, other, in subheading
6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent
ad valorem.
Your sample will be returned, as requested, under separate
cover.
The designated textile and apparel category may be subdivided
into parts. If so, the 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 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
updated weekly and is available for inspection at your local Customs
office.
-4-
Due to the changeable nature of the statistical annotation (the
ninth and tenth digits of the classification) 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.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.