HQ 951332: Reconsideration of DD 870404; classifiable in Heading 6211;outer shell fabric not visibly coated with plastics material

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 951332

                          July 13, 1992



CLA-2  CO:R:C:T  951332 CAB

CATEGORY:  Classification

TARIFF NO.:  6211.33.0030; 6211.33.0035

Mr. Cezar Francisco, Jr.
Foreign Services Department
Kmart Fashions
7373 West Side Avenue
North Bergen, NJ 07047-6411

RE:  Reconsideration of DD 870404; classifiable in Heading 6211;
outer shell fabric not visibly coated with plastics material

Dear Mr. Francisco:

     This ruling is in response to your request for
reconsideration of DD 870404, dated February 6, 1992, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) concerning the tariff classification of a jacket and a
pair of trousers.  The garments are manufactured in Taiwan.
Samples of the merchandise in question were submitted for
examination.

FACTS:

     The size large samples, Style 1736, consist of a pair of
color-coodinated trousers and jacket.  Both garments contain an
outer shell of a 100 percent woven nylon and a complete lining of
65 percent polyester and 35 percent cotton knit fabric.

     The blue, white, and black jacket has a full front opening
with a metal zipper that extends to the top of the collar,
elasticized waistband and cuffs, and two side insert pockets.

     The blue pants contain elastic ankle bands, two side insert
pockets, an elasticized waistband with a drawstring, one rear
patch pocket, and partial side openings extending approximately
nine inches up from the bottoms of the legs.  The openings are
secured by zippers.

     DD 870404 classified the sample garments as a track suit
under subheading 6211.33.0035, HTSUSA, for the jacket component,
and subheading 6211.33.0030, HTSUSA, for the pants component.

ISSUE:

     Whether the instant articles are visibly coated with a
plastics material so as to be classified in Heading 6210, HTSUSA,
or whether they were properly classified in DD 870404 as a
tracksuit in Heading 6211, HTSUSA?

LAW AND ANALYSIS:

     Classification of goods 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, taken in
order.

     Heading 6210, HTSUSA, provides for garments made up of
fabrics of, among other provisions, Heading 5903, HTSUSA.
Heading 5903, provides textile fabrics impregnated, coated,
covered, or laminated with plastics, other than tire cord
fabrics.  In order for a fabric to be considered a fabric of
Heading 5903, the impregnation, coating or covering of plastics
must be visible to the naked eye as required by Note 2(a)(1) of
Chapter 59, with no account taken of any resulting change in
color.

     It is Customs view that the term "visible to the naked eye"
is a clear expression by the drafters of the Harmonized System
that a significant amount of material must be added to a fabric
for it to be considered "impregnated, coated, covered or
laminated."  In essence, a viewer must be able to see the coating
without the use of a magnifying glass.  A color change is not
enough for a Heading 6210 classification.  Customs believes that
this criterion is met when there is a visible change in the
surface of the fabric because of the plastics application.

     After viewing the sample garment without any means of
magnification, it is apparent that there has been no visible
change to the fabric's surface to warrant a Heading 6210
classification.

HOLDING:

     The instant articles were properly classified in DD 870404.
The trousers are classifiable under subheading 6211.33.0030,
HTSUSA, which provides for other garments; men's or boys; track
suits; trousers.  The rate of duty is 17 percent ad valorem, and
the textile category is 647.

     The jacket is classifiable under subheading 6211.33.0035,
HTSUSA, which provides for other garments; men's or boys'; track
suits; other.  The rate of duty is 17 percent ad valorem, and the
textile category is 637.

     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 applicable to textile
merchandise, 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