HQ 089385: "Wader jacket" similar to an anorak; Additional U.S. Note 2,Chapter 62; water resistant.

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 089385

                       September 11, 1991



CLA-2 CO:R:C:T 089385 CRS

CATEGORY:  Classification

TARIFF NO.:  6201.93.3000; 6201.93.3510

Milica R. Rodriquez
Pamela L. Sentz
647 West Virginia Street
Milwaukee, WI 53204

RE:  "Wader jacket" similar to an anorak; Additional U.S. Note 2,
Chapter 62; water resistant.

Dear Ms. Rodriquez:

     This is in reply to your letter of May 13, 1991, on behalf
of Rainfair, Inc., in which you requested a tariff classification
ruling under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).

FACTS:

     The merchandise in question is an unlined man's anorak-type
"wader" jacket, style RF23, made from plain weave nylon fabric,
one side of which has been treated with an application of
polyurethane.  The sample is waist length and has elasticized
cuffs, a tunneled drawstring at the waist, a full front zipper
opening, a permanently attached hood with chin warmer flaps and a
hook and loop closure, front pockets and front and back yokes.

     The sample jacket differs from the article described in the
specification sheet submitted with the ruling request in that,
for example, it is made from plain weave fabric whereas the
specifications call for twill weave fabric.  The imported jackets
will be made in Germany or Thailand.

ISSUE:

     The issues presented are (1) whether the jacket in question
is coated with plastics such that it is classifiable as a garment
made up of fabric of heading 5903; and if not, (2) whether the
jacket meets the water resistance test of Additional U.S. Note 2,
Chapter 62, HTSUSA.

LAW AND ANALYSIS:

     Two headings are potentially applicable to the merchandise
in question:  heading 6210, HTSUSA, which provides, inter alia,
for garments made up from fabrics of heading 5903; and heading
6201, HTSUSA, which provides, inter alia, for men's or boys'
anoraks, windbreakers and similar articles.

     In order to be classifiable in heading 6210, a garment must
be made up of a fabric of heading 5903, i.e., it must be coated,
covered, impregnated or laminated with plastics.  The fabric of
the jacket in question is made has been coated with polyurethane.
However, the scope of heading 5903 is restricted by Note 2(a)(1),
Chapter 59, HTSUSA, which states that in order for a fabric to be
considered coated for tariff purposes, the coating must be
visible to the naked eye.  In this instance, the coating has not
visually altered the surface character of the fabric.  Since
there is nothing to indicate the presence of a coating, Customs
does not consider the jacket to be made up from fabric of heading
5903 and consequently, it is not classifiable in heading 6210.

     Heading 6201, HTSUSA, provides for, inter alia, men's or
boys' anoraks, windbreakers and similar articles.  The jacket is
made from nylon and is similar to an anorak or a windbreaker;
accordingly, it is classifiable in heading 6201.  Within this
heading there is a subheading provision (6201.93.30) for water
resistant garments of man-made fibers.  The term "water
resistant" is defined by Additional U.S. Note 2, Chapter 62,
HTSUSA, as follows:

     For the purposes of subheadings...6201.93.30..., the
     term "water resistant" means that garments classifiable
     in those subheadings must have a water resistance (see
     ASTM designations D 3600-81 and D3781-79) such that,
     under a head pressure of 600 millimeters, not more than
     1.0 gram of water penetrates after two minutes when
     tested in accordance with AATCC Test Method 35-1985.
     This water resistance must be the result of a rubber or
     plastics application to the outer shell, lining or
     inner lining.

If the wader jacket at issue meets the water resistance test set
forth in Additional U.S. Note 2, Chapter 62, it is classifiable
in subheading 6201.93.30.  The imported jacket will be subject to
testing.

HOLDING:

     If water resistant, the jacket in question is classifiable
in subheading 6201.93.3000, HTSUSA, under the provision for
anoraks (including ski-jackets), windbreakers and similar
articles (including padded, sleeveless jackets); of man-made
fibers; other; other; other; water resistant.  Articles
classifiable in this subheading are dutiable at the rate of 7.6
percent ad valorem and are subject to textile quota category 634.

     If not water resistant, the jacket is classifiable in
subheading 6201.93.3510, HTSUSA, under the provision for anoraks
including ski-jackets), windbreakers and similar articles
(including padded, sleeveless jackets); of man-made fibers;
other; other; other; other; men's.  Articles classifiable in this
subheading are dutiable at the rate of 29.5 percent ad valorem
and are subject to textile quota category 634.

     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 internal
issuance of the U.S. Customs Service, which 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