HQ 085192: Classification of two styles of men's jackets 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 085192

                                November 3, 1989


      CLA-2 CO:R:C:G  085192  CMR

      CATEGORY: Classification

      TARIFF NO.: 6201.93.3000

      Mr. George Louis-Ferdinand
      Louis-Ferdinand & Co., Inc.
      206 Warren Street
      Harrison, New Jersey  07029

      RE: Classification of two styles of men's jackets under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA)

      Dear Mr. Louis-Ferdinand:

           This ruling is in response to your letter of July 14, 1989, on
      behalf of your client, Clover, Division of Strawbridge & Clothier,
      requesting the classification of two styles of men's jackets.  The
      garments are to be imported through the port of Newark, New Jersey
      from the Republic of Korea.

      FACTS:

           Two samples were submitted for review.  The samples, styles
      3412CL2MA and 3490CL2MA, are men's cold-weather jackets with
      outershells composed of 65 percent polyester/35 percent cotton woven
      fabric.  The outershell fabrics have a silver coating which we assume
      is a plastics material.  The sleeve linings are 100 percent woven
      nylon.  Each jacket has a nonwoven polyester filling quilted to woven
      linings.

           Style 3412CL2MA has a body lining of 65 percent polyester/35
      percent cotton woven fabric.  The garment is a hip-length jacket with
      a mostly rib knit waist, a full-front zipper opening with a placket
      or storm flap that can be secured over the zipper by snaps located at
      the top and bottom of the flap, an inner knit collar in addition to a
      outer woven collar, knit cuffs, double pockets at the waist (two
      slant pockets over two inset pockets with snap flaps), and an inside
      chest pocket.  The knit portions of the garment are of 100 percent
      acrylic fabric.












                                       -2-


           Style 3490CL2MA has a body lining of 100 percent acrylic woven
      fabric and 100 percent woven nylon.  The garment is an upper-thigh-
      length jacket with a full-front zipper opening with a placket or
      storm flap that can be secured over the zipper by five snaps located
      along its length, a drawstring at the waist, a detachable hood
      secured by three snaps, a knit collar lining, double pockets at the
      waist (two pockets with flaps secured by Velcro-like closures over
      two slant pockets), and an inside chest pocket.  The knit collar
      lining is of 100 percent acrylic fabric.

           A copy of a laboratory report of a water resistance test on two
      jackets, styles 3412CL2MA and 3490CL2MA, has been submitted to
      support a claim that the garments at issue are water resistance in
      accordance with the requirements of U.S. Note 2 to Chapter 62,
      HTSUSA.

      ISSUE:

           Are the submitted garments 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 garments at issue here appear to have somewhat lightweight
      nonwoven polyester fillings.  Where a garment has a normal (or less
      than normal) weight nonwoven insulating layer, that insulating layer











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      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 interpre-
      tation 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
           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 trim-
      ming", and the nonwoven insulating lining in the garments at issue
      are no heavier than would normally be found in a jacket, the nonwoven
      linings do not affect the classification of the subject garments.

           Additionally, the Subheading Explanatory Note to the General
      Explanatory Notes to Chapter 62, Section XI, provides:

           Classification of articles made from quilted textile products in
           the piece of heading 58.11

                Articles made from the quilted textile products in the
           piece of heading 58.11 are to be classified within the
           subheadings of the headings of the Chapter under the provisions
           of Subheading Note 2 to Section XI.  For the purposes of their
           classification, it is the textile material of the outer fabric
           which gives these articles their essential character.  This
           means that where, for example, a man's quilted anorak has an
           outer fabric of 60% cotton and 40% polyester, the garment falls
           in subheading 6201.92.  It should be noted that, even if this
           outer fabric by itself falls in heading 59.03, 59.06 or 59.07,
           the garment does not fall in heading 62.10.

           Since the woven linings are quilted to the nonwoven polyester
      fillings, the above stated Subheading Explanatory Note applies.  In
      light of that note, the garments are not classifiable in heading
      6210, but are classified in heading 6201 according to the textile
      material of their outer fabrics.

      HOLDING:

           Provided the garments at issue meet the water resistance test
      specified in U.S. Note 2, as has been indicated, they are
      classifiable under the provision for men's anoraks (including ski











                                       -4-


      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.

           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.

           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