HQ 085610: Classification of ladies' sheeting stadium 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 085610

                        November 9, 1989

CLA-2 CO:R:C:G  085610 CB

CATEGORY:  Classification

TARIFF NO.:  6202.93.5010

Ms. Linda Stromgren
Global Transportation Services, Inc.
7550 24th Avenue South
Suite 144
Minneapolis, Minnesota  55450

     RE:  Classification of ladies' sheeting stadium jacket

Dear Ms. Stromgren:

     This ruling is in response to your letter of August 18,
1989, on behalf of Salkin & Linoff Inc., requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for a stadium jacket from
Taiwan.

FACTS:

     The sample submitted, style JJ12345, is a women's three-
quarter length stadium coat with an outershell composed of woven
65% polyester/35% cotton fabric, which has been coated on its
underside with acrylic plastics.  The lining is quilted on to the
polyester filling.  The garment also has a full-front zipper
opening, drawstrings in the collar and the bottom edge and
buttoned cuffs.

ISSUE:

     Whether the jacket 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
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 (the 4th
and 6th digit headings), 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 6202, HTSUSA, provides
for overcoats, carcoats, capes, cloaks, anoraks...and similar
articles.  It is Customs position that the subject garment is not
classifiable as a coat in subheading 6202.11 because it lacks
many of the characteristics of a coat.  Coats are normally cut

                               -3-


long and full to fit over a sports jacket, suit, dress, etc.  The
subject "sheeting stadium jacket" is more akin to an anorak.  It
has a quilted lining, close-fitting sleeve-ends, collar and
pockets, etc.  Therefore, the "sheeting stadium jacket" is
properly classified in subheading 6202.93, HTSUSA, which provides
for anoraks and similar articles of man-made fibers.

HOLDING:

     The instant garment is classifiable under subheading
6202.93.5010, HTSUSA, which provides for women's or girls'
overcoats, carcoats...windbreakers and similar articles...,
Anoraks...other, women's.  The textile category is 635 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.

     You have advised this office that you now have an actual
importation which arrived at the Minneapolis port on October 26,
1989.  A copy of this ruling is being forwarded to the Customs
office at the port for their information.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division