HQ 085195: Classification of certain women'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 085195

                                October 18, 1989


      CLA-2 CO:R:C:G  085195  CMR  842677

      CATEGORY: Classification

      TARIFF NO.: 6202.93.4500

      Donna Shira, Esq.
      Sharretts, Paley, Carter & Blauvelt, P.C.
      Sixty-seven Broad Street
      New York, New York  10004

      RE: Classification of certain women's jackets under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA)

      Dear Ms. Shira:

           This ruling is in response to your letter of June 22, 1989, on
      behalf of your client, Foreign Resources Corporation, requesting the
      classification of two women's jackets made in Korea.

      FACTS:

           Two samples were submitted for review.  Styles 35052 and 85033
      are women's hip-length jackets with woven outer shells of 65 percent
      polyester and 35 percent cotton, woven nylon linings and a nonwoven
      polyester filling.  Your letter indicates that each jackets' lining
      is coated with a polyurethane plastics which renders the garment
      water resistant in accordance with the requirements of U.S. Note 2 to
      Chapter 62, HTSUSA.  A copy of a laboratory report of a water
      resistance test on a coated fabric reflecting that the fabric meets
      the requirements of U.S. Note 2 has been submitted to support this
      claim.

           Style 35052 has a full front zippered opening with an
      overlapping placket secured by a hook and loop fastener at the neck
      and the bottom, long sleeves with buttoned sleeve cuffs, two large
      front pockets with buttoned flaps, a stand-up collar with a
      drawstring, and an elasticized waistband.

           Style 85033 has a full front zippered opening with an
      overlapping placket secured by metal snap-on buttons at the neck and
      the bottom, long sleeves with elasticized cuffs, a soft collar with a












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      drawstring, an elasticized waistband and two open side pockets.  The
      jacket has a narrow knit pattern that runs from the shoulder to the
      pocket on each side in the front.

      ISSUE:

           Are the jackets at issue classifiable under the provision for
      anoraks (including ski jackets), windbreakers, and similar garments,
      in subheading 6202.93.4500, 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 fairly lightweight
      nonwoven polyester fillings.  Where a garment has a normal (or less
      than normal) weight nonwoven 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 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











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           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 linings 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.

      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 women's or girls' anoraks
      (including ski jackets), windbreakers, and similar garments, of man-
      made fibers, water resistant, in subheading 6202.93.4500, HTSUSA,
      textile category 635, dutiable at 7.6 percent ad valorem.

           Your samples 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.

           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