HQ 954809: Modification of NYRL 886064, dated July 20, 1993

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 954809

                        December 3, 1993

CLA-2  CO:R:C:T 954809 CAB

CATEGORY:  Classification

TARIFF NO.:  6202.93.4500

Mr. Kevin Maher
C-Air Custom House Brokers - Forwarders, Inc.
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE:  Modification of NYRL 886064, dated July 20, 1993

Dear Mr. Maher:

     This is in reference to New York Ruling Letter (NYRL)
886064, dated July 20, 1993, issued to you from the Area Director
of New York.  Since the issuance of that ruling, you have
submitted revised information, therefore, a modification of the
ruling is appropriate.  Accordingly, this ruling modifies NYRL
886064.  

     NYRL 886064 concerned the classification of a woman's jacket
and pants referred to as Style 1005.  Both garments are
constructed of a 100 percent woven nylon shell fabric.  Only the
jacket is at issue in this instance.  According to you, the
jacket contained a 100 percent nylon lining that was coated with
acrylic for water resistance.  The lining did not extend to the
garment's edges, leaving gaps of 2 1/2 inches of uncoated
material on each side of the front opening.  As so much of the
jacket consisted of uncoated fabric, Customs concluded that it
was not water resistant.  The jacket was classified in subheading
6202.93.5011, HTSUSA, which provides for women's windbreakers and
similar articles of man-made fibers.  

     Additional U.S. Note 2, Chapter 62, HTSUSA, provides, in
pertinent part:

     [T]he term "water resistant" means that garments
     classifiable in those subheadings must have water resistance
     (see ASTM designations D 3600-81 and D 3781-79) 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.

     In an amended submission dated July 20, 1993, you stated
that the interface lining had been coated with acrylic for water
resistance.  Thus, the entire jacket was water resistant for
tariff classification purposes.  After further examination of the
interfacing fabric, Customs confirms the presence of a plastics
application on the interface lining.  

HOLDING:

     If the jacket meets the requirements for water resistance in
accordance with Additional U.S. Note 2, Chapter 62, HTSUSA, then
the applicable subheading will be 6202.93.4500, HTSUSA, which
provides for other women's water resistant windbreakers.  The
rate of duty is 7.6 percent ad valorem and the textile restraint
category 635.  If the jacket does not meet the requirements
stipulated under the aforementioned note, it is classifiable in
subheading 6202.93.5011, HTSUSA, as a women's windbreaker of man-
made fibers.  The applicable rate of duty is 29.5 percent ad
valorem and the textile restraint category is 635.

     This notice to you should be considered a modification of
NYRL 886064 under 19 CFR 177.9(d)(1).  

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division