HQ 085268: Classification of four cold-weather garments 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 085268

                                November 14, 1989


      CLA-2 CO:R:C:G  085268  CMR  843776

      CATEGORY: Classification

      TARIFF NO.: 6203.43.1500, 6203.43.2005, 6201.93.3000, 6201.93.3510,
                  6201.93.3520, 6210.40.1040

      Mr. Stanley Shustin
      Winer Industries, Inc.
      404 Grand Street
      Paterson, New Jersey  07505

      RE: Classification of four cold-weather garments under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA)

      Dear Mr. Shustin:

           This ruling is in response to your letter of July 24, 1989,
      requesting the classification of four cold-weather garments.  The
      garments will be imported from South Korea, Taiwan and Bangladesh
      through the port of Los Angeles.  A sample of each garment has been
      submitted for review.

      FACTS:

           Each of the submitted samples has an outershell that has been
      coated on its inner surface with a 450 mm polyurethane coating.
      Additionally, each garment has an insulating layer of nonwoven
      batting between the outershell and lining.  We will assume that the
      nonwoven batting in all the garments is polyester, particularly
      because two of the garments so specify.

           Style 30334/5 is a men's bib overall with an outershell of woven
      nylon and a woven lining.  The garment features adjustable straps, a
      front zipper opening, a front pocket at the hip with a zipper
      closure, knit side inserts and hidden storm cuffs.  The garment will
      be imported from South Korea in styles 30334/5 (men's), 30334/5
      (men's tall) and 30311/1 (ladies').

           Style 28070/1 is a men's hip-length jacket with a woven nylon
      outershell and a woven lining which is quilted to the nonwoven
      interlining.  It has a full-front zippered opening covered by a storm











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      flap with snaps, zippered pockets at the waist, elasticized cuffs and
      waist and a stand-up collar.  The garment will be imported from South
      Korea in styles 28070/1 (men's), 28081/2 (men's tall) and 28050/1
      (ladies').

           Style 508-1146 is a men's snowmobile suit with a woven nylon
      twill outershell and a woven lining which is quilted to the nonwoven
      interlining.  The garment has a zippered front opening, a partially
      elasticized waist with an attached half-belt, a roll-up hood which
      stores in a zippered compartment in the collar, a covered pocket in
      the left chest area, zippered pockets at the waist, zippered
      extension vents on the pants legs at about mid-calf, and elasticized
      footstraps.  The garment will be imported from Taiwan in styles 508-
      1146 (men's), 508-1153 (men's tall), 508-1179 (youths) and 508-1161
      (ladies').

           Style 414-3207 is a boy's jacket with a woven outershell and a
      woven lining which is quilted to the nonwoven interlining.  You
      informed our New York office that the shell is 65 percent polyester
      and 35 percent cotton, not 100 percent nylon as indicated in your
      letter.  The jacket has a full-front zippered opening with a storm
      flap, slant pockets at the waist, elasticized waistband, rib knit
      cuffs and a knit-lined collar.  The garment will be imported from
      Bangladesh in styles 414-3207 (boys 4-7) and 424-3311 (boys 8-20).

      ISSUE:

           Are the submitted garments classifiable in heading 6210 as
      garments, made up of fabrics of heading 5603 or 5903, or in other
      headings of Chapter 62?

      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
      fabric 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











                                       -3-


      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 an average amount of
      nonwoven filling.  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
           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 insulated
      garments, the nonwoven lining does not affect the classification of
      the subject garments.

           Additionally, the Subheading Explanatory Note to the General
      Explanatory Notes to Chapter 62, Section XI, provides:

           Classification of articles made from quilted textile products in
           the piece of heading 58.11

                Articles made from the quilted textile products in the
           piece of heading 58.11 are to be classified within the
           subheadings of the headings of the Chapter under the provisions
           of Subheading Note 2 to Section XI.  For the purposes of their
           classification, it is the textile material of the outer fabric
           which gives these articles their essential character.  This
           means that where, for example, a man's quilted anorak has an
           outer fabric of 60% cotton and 40% polyester, the garment falls
           in subheading 6201.92.  It should be noted that, even if this
           outer fabric by itself falls in heading 59.03, 59.06 or 59.07,
           the garment does not fall in heading 62.10.

           For those garments with the woven linings quilted to the
      nonwoven fillings, the above stated Subheading Explanatory Note












                                       -4-


      applies.  In light of that note, those garments are not classifiable
      in heading 6210, but are classified in the appropriate headings of
      Chapter 62 according to the textile materials of their outer fabrics.

           In your letter, you stated that the coating on the submitted
      garments is 450 mm polyurethane.  However, the coating on style 508-
      1146, the snowmobile suit, appears much heavier than the coating on
      the other garments.

           Heading 5903, HTSUSA, provides for textile fabrics impregnated,
      coated, covered, or laminated with plastics (except tire cord which
      is provided for in Heading 5902).

           Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:

                Heading 5903 applies to:

                (a) Textile fabrics, impregnated, coated, covered or
                      laminated with plastics, whatever the weight per
                      square meter and whatever the nature of the plastic
                      material (compact or cellular), other than:

                      (1) fabrics in which the impregnation, coating or
                      covering cannot be seen with the naked eye (usually
                      chapters 50 to 55, 58 or 60); for the purpose of this
                      provision, no account should be taken of any
                      resulting change of color.

           It is our view that the wording of Note 2(a)(1) ("visible to the
      naked eye") is a clear expression by the drafters of the Harmonized
      System that a significant, if not substantial, amount of material
      must be added to a fabric for it to be considered "impregnated,
      coated, or covered."

           Therefore, following the strict wording of Note 2(a)(1), for a
      fabric to be considered "impregnated, coated, or covered" within that
      requirement, the plastics material added to the fabric must be
      visibly distinguishable from that fabric without the use of
      magnification.  Customs believes that this criterion is satisfied
      when the application of a plastics material clearly changes the
      surface character of the fabric.  In such an instance, the naked eye
      is seeing the plastics.

           Having examined the submitted garments, we believe that the
      surface character of coated fabric of the snowmobile suit is
      sufficiently changed to meet the requirement of heading 5903 that the
      plastic be visible to the naked eye.  However, the other submitted
      samples do not have coated fabrics which we believe meet the
      requirement of heading 5903.












                                       -5-


           The snowmobile suit appears, prima facie, to be provided for in
      two headings.  Heading 6210, as a garment made up of fabric of 5903,
      and heading 6211, as a ski-suit.  Although the garment is referred to
      as a snowmobile suit, we believe any attempt to distinguish ski-suits
      and snowmobile suits would be fruitless.  Distinctions that could be
      made between these types of garments are certain to be merely
      superficial.

           Legal Note 5, Chapter 62, provides that "garments which are,
      prima facie, classifiable both in heading 6210 and in other headings
      of [Chapter 62], excluding heading 6209, are to be classified in
      heading 6210.  Therefore, the snowmobile suit is classified in
      heading 6210 and not in heading 6211.

           No information has been provided regarding whether the submitted
      garments are to be considered water resistant as defined in
      Additional U.S. Note 2, Chapter 62, HTSUSA.  That note provides:

           For the purposes of subheadings 6201.92.15, 6201.93.30,
           6202.92.15, 6202.93.45, 6203.43.15, 6203.43.35, 6204.63.12,
           6204.63.30 and 6211.20.15, the term "water resistant" means
           that garments classifiable in those subheadings must have a
           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.

      HOLDING:

           Style 30334/5, a men's bib overall, if water resistant, is
      classified in the provision for men's or boys' bib and brace
      overalls, water resistant, in heading 6203.43.1500, HTSUSA, textile
      category 659, dutiable at 7.6 percent ad valorem.  If not water
      resistant, the garment is classified in the provision for men's or
      boys' bib and brace overalls, insulated for cold weather protection,
      in subheading 6203.43.2005, HTSUSA, category 659, dutiable at 17
      percent ad valorem.

           Style 28070/1, a men's hip-length jacket, and style 414-3207, a
      boys' jacket, if water resistant, are classified in the provision for
      men's and boys' anoraks (including ski-jackets), windbreakers and
      similar articles, of man-made fibers, other, water resistant, in
      subheading 6201.93.3000, HTSUSA, textile category 634, dutiable at
      7.6 percent ad valorem.  If not water resistant, style 28070/1 is
      classified in the provision for men's anoraks (including ski-
      jackets), windbreakers and similar articles, of man-made fibers,
      other, other, in subheading 6201.93.3510, HTSUSA, textile category
      634, dutiable at 29.5 percent ad valorem.  Style 414-3207 is











                                       -6-


      classified in the provision for boys' anoraks (including ski-
      jackets), windbreakers and similar articles, of man-made fibers,
      other, other, in subheading 6201.93.3520, HTSUSA, textile category
      634, dutiable at 29.5 percent ad valorem.

           Style 508-1146, a men's snowmobile suit, as a garment with an
      outer shell of fabric of heading 5903, is classifiable in the
      provision for garments made up of fabrics of heading 5602, 5603,
      5903, 5906 or 5907, other men's or boys' garments, of man-made
      fibers, other, overalls and coveralls, in subheading 6210.40.1040,
      HTSUSA, textile category 659, dutiable at 7.6 percent ad valorem.

           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