HQ 080947: Classification of a hip-length policeman's jacket under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

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 080947

                                  January 30, 1989


          CLA-2 CO:R:C:G  080947  CMR

          CATEGORY: Classification

          TARIFF NO.: TSUS 6210.40.1020

          Gail T. Cumins, Esq.
          Sharretts, Paley, Carter & Blauvelt, P.C.
          Eighty Broad Street
          New York, New York  10004

          RE: Classification of a hip-length policeman's jacket under the
              Harmonized Tariff Schedule of the United States Annotated
              (HTSUSA)

          Dear Ms. Cumins,

              This ruling is in response to your letter of July 29,
          1987, on behalf of your client, W. L. Gore & Associates, Inc.,
          requesting the classification of a hip-length jacket with a Gore-
          Tex interlining.  The jacket will be sold as part of a police
          uniform.

          FACTS:

              The submitted sample is a hip-length jacket with a woven
          outer shell of 50 percent antron nylon and 50 percent rayon.  The
          jacket has a woven inner lining of 100 percent nylon and an
          interlining of Gore-Tex fabric.  (Gore-Tex fabrics are produced
          by the lamination of a textile fabric with a sheet of expanded
          polytetrafluoroethylene (PTFE) material, a plastic.)  The garment
          also features a full-front zipper opening, a pile collar, pockets
          on the chest, above the waist, and inside the jacket, epaulets,
          and side zippers which extend nearly the entire length of the
          side seams.  The jacket also has a nylon hood which is
          permanently attached to the back of the jacket and fits into the
          jacket between the interlining and the nylon inner lining when
          not in use.

          ISSUE:

              Is the submitted jacket classifiable under heading 6210,
          HTSUSA, which provides for garments made up of fabrics of heading
          5903, or under heading 6201, HTSUSA, which provides for men's
          anoraks, windbreakers and similar articles?














                                         -2-


          LAW AND ANALYSIS:

              The jacket at issue appears to fall under heading 6201,
          HTSUSA, since it is similar to men's anoraks or windbreakers and
          has a woven outershell.

              The Gore-Tex interlining is classifiable in heading 5903,
          HTSUSA, by virtue of Note 2 to Chapter 59 which provides among
          other things that textile fabrics laminated with plastics, such
          as the interlining, fall under that heading.

              Garments made up of fabrics of heading 5903, HTSUSA, are
          classifiable in heading 6210, HTSUSA.  Section XI, Note 7,
          defines "made up" articles to include those . . . . (e) assembled
          by sewing, gumming or otherwise.  Note 7 does not further define
          (e).  In the General Explanatory Notes, part II, at page 714, it
          is noted that the expression "made up" articles, assembled by
          sewing, gumming or otherwise, includes garments.  Without further
          express limitation to the term "made up", heading 6210 is
          interpreted to cover any assembled garment which includes a
          material classified within one of its enumerated headings and
          which imparts a significant characteristic to that garment.

              The jacket at issue is classifiable under heading 6201,
          HTSUSA, by virtue of being an article similar to an anorak or
          windbreaker.  It is also classifiable under heading 6210, HTSUSA,
          since it is made up of Gore-Tex fabric.  Chapter 62, Note 5,
          states: "Garments which are, prima facie, classifiable both in
          heading 6210 and in other headings of this chapter, excluding
          heading 6209, are to be classified in heading 6210."  Therefore,
          the instant jacket is classifiable in heading 6210, HTSUSA.

              This result is confirmed in the Explanatory Notes 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, feathers, leather,
              plastics or metal.  Where, however, the presence of these
              materials constitutes more than mere trimming the articles
              are classified in accordance with the relative Chapter Notes
              . . ., or failing that, according to the General Interpreta-
              tive Rules.

              In tariff terms, Gore-Tex fabrics are laminated fabrics,
          contemplated by the terms of Section XI and Chapter 62 to become
          a part of a finished garment.  In commercial terms, it is our
          understanding that Gore-Tex is an expensive fabric to produce,
          and is bought by consumers who seek garments with the dual
          abilities of shedding rain and wicking perspiration away from the
          body.  Based on these unique attributes, Customs believes that











                                         -3-


          Gore-Tex is more than a mere trimming or lining.  Thus, the
          Explanatory Note language above directs us back to a considera-
          tion of the Chapter Notes, and application of Note 5.

          HOLDING:

              The submitted jacket is classifiable under the provision for
          garments made up of fabrics of heading 5903, other men's or boys'
          garments, of man-made fibers, subheading 6210.40.1020, HTSUSA,
          textile category 634, dutiable at 7.6 percent ad valorem.

              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