HQ 085547: Request for classification of men's woven jacket

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 085547

                        December 20, 1989

CLA-2 CO:R:C:G  085547 CB

CATEGORY:  Classification

TARIFF NO.:  6201.93.3000; 6201.93.3510

Mr. Stanley Shustin
Winer Industries, Inc.
404 Grand Street
Paterson, NJ  07505

RE:  Request for classification of men's woven jacket

Dear Mr. Shustin:

     This ruling is in response to your letter of August 16,
1989, requesting a binding classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), for a men's woven jacket from South Korea.

FACTS:

     The sample submitted, style BBM-143, is a men's upper-thigh-
length jacket with a woven outer shell made from a blend of 65%
polyester, 35% cotton.  It has a full-front opening with a two-
way zipper, cargo pockets with snaps, zippered chest pockets,
snap tab cuffs, an inner drawstring and leather trim on the
collar and the chest pocket welting.  The upper portion of the
jacket is lined with a brushed fabric, while the lower portion
has a lining of outershell fabric.  The sleeves are lined with a
nylon taffeta quilted material.  There is a relatively thin
nonwoven interlining of material assumed to be polyester.  The
shell fabric is stated to have an application of 450mm
polyurethane plastics.  You have also indicated that the weight
of the lining is 3 ounces per square yard.

ISSUE:

     Whether this garment is classifiable under Heading 6210,
HTSUSA, as a garment made up of nonwoven fabrics of Heading 5603,
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-


     In HRL 083721, issued on June 13, 1989, a jacket with a
heavy nonwoven fabric insulating layer was determined to be
classifiable in subheading 6210.40.1020, HTSUSA, which provides
for other men's or boy's garments of man-made fibers, made up of
fabrics of (in this case) Heading 5603.  This result was obtained
because the heavy nonwoven fabric contributed significantly to
the garment and, therefore, could not be ignored.  Note that in
view of the classification, 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.  Although it was not expressly
stated in said ruling, the nonwoven insulating layer in that
particular garment was much heavier that what is normally found
in similar garments.

     However, unlike the jacket which was the subject of HRL
083721, the polyfill in the subject garment is not very heavy.
Where a garment has a normal (or less than normal) weight
nonwoven fabric insulating layer, that insulating layer will be
disregarded in determining the classification 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 the goods in this Chapter is not
     affected by the presence of parts or accessories of, for
     example, knitted or crocheted fabrics, furskin [sic],
     feather, leather, plastics or metal.  Where, however, the
     presence of such materials 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 [sic] and feathers, respectively), or failing that,
     according to the General Interpretative Rules. (at pg. 848)

     Linings of normal weight fall within the category of "mere
trimming".  The nonwoven insulating lining in the subject garment
is no heavier than would normally be found in a jacket.
Therefore, in the instant case, the lining does not affect the
classification of the garment.

     Having determined that the lining is not an issue for
classification purposes, we must decide what is the proper
classification of the garment.  Heading 6201, HTSUSA, provides
for overcoats, carcoats, capes, cloaks, anoraks...and similar
articles.  It is Customs position that the subject garment is
more akin to an anorak.  It has a padded lining, a means of
                               -3-


tightening at the waist, close-fitting sleeve-ends, a collar and
pockets.  Therefore, the garment is properly classified in
subheading 6201.93, HTSUSA, which provides for anoraks and
similar articles of man-made fibers.

HOLDING:

     The instant garment, if meeting the water resistance test
specified in Chapter 62, U.S. Note 2, is classifiable in
subheading 6201.93.3000, HTSUSA, which provides for men's or
boys' overcoats...anoraks...and similar articles..., anoraks, of
man-made fibers, other, water resistant.  The textile category is
634 and the rate of duty is 7.6 percent ad valorem.

     If the garment does not meet the water resistance test, it
is classifiable in subheading 6201.93.3510, HTSUSA, which
provides for men's or boys' overcoats..., anoraks...and similar
articles..., anoraks, of man-made fibers, other, men's.  The
textile category is 634 and the rate of duty is 29.5 percent ad
valorem.

     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