HQ 085318: Classification of a men's jacket from the People's Republic of China 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 085318

                                November 3, 1989


      CLA-2 CO:R:C:G  085318  CMR 843694

      CATEGORY: Classification

      TARIFF NO.: 6201.93.3000, 6201.93.3510

      Beth Brotman, Esq.
      Siegel, Mandell & Davidson, P.C.
      One Whitehall Street
      New York, New York  10004

      RE: Classification of a men's jacket from the People's Republic of
          China under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA)

      Dear Ms. Brotman:

           This ruling is in response to your submission of July 21, 1989,
      on behalf of Amerex of California, Corporation, requesting the
      classification of a men's jacket from the People's Republic of China.
      It is anticipated that the merchandise will be entered through the
      port of New York.

      FACTS:

           A sample jacket was submitted for review.  The sample, style
      1559/1589, is a man's upper-thigh-length parka with a woven 65
      percent polyester/35 percent cotton chintz outershell which reverses
      to a woven poplin fabric of the same composition.  The garment has a
      nonwoven 100 percent polyester filling; a full-front opening with a
      zipper closure covered by a placket or storm flap that can be secured
      over the zipper by four snaps located along the length of the flap; a
      detachable hood secured by five snaps; a stand-up collar with a snap
      closure; a drawstring at the waist; long sleeves; (on the chintz
      fabric side) two slanted pockets below the waist each having a flap
      and snap closure; (on the poplin fabric side) adjustable textile
      straps around the wrists for tightening the sleeves, two patch
      pockets below the waist with flaps having a velcro closure and a slit
      along one edge forming another pocket, a vertical chest pocket with a
      covered zippered closure, a flange extending around the chest area,
      and nonadjustable textile epaulets.













                                       -2-


           You claim in your submission that the inner surface of the
      chintz fabric shell has a plastics application making the garment
      "water resistant" as defined by Additional U.S. Note 2, Chapter 62,
      HTSUSA.  No laboratory report was submitted, however, to support your
      assertion that the garment is water resistant.

      ISSUE:

           Is the submitted garment classifiable under the provision for
      anoraks (including ski jackets), windbreakers, and similar garments,
      in subheading 6201.93.3000, HTSUSA, or, due to the presence of the
      nonwoven polyester filling, under the provision for garments, made up
      of a fabrics of heading 5603 (among other headings), in subheading
      6210.10.4025, HTSUSA?

      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
      fabrics 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
      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 garment at issue here appears to have a fairly average
      amount of nonwoven polyester filling.  Where a garment has a normal
      (or less than normal) weight nonwoven insulating layer, that
      insulating layer will be disregarded in determining the classifica-
      tion 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











                                       -3-


           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 lining in the garment at issue
      is no heavier than would normally be found in a jacket, the nonwoven
      lining does not affect the classification of the subject garment.

           Since the chintz and poplin fabrics are of the same composition,
      it is not necessary to decide which fabric should determine the
      classification of the garment.

      HOLDING:

           Provided the garment at issue meets the water resistance test
      specified in U.S. Note 2, as has been claimed, it is classifiable
      under the provision for men's anoraks (including ski jackets),
      windbreakers, and similar garments, of man-made fibers, other, water
      resistant, in subheading 6201.93.3000, HTSUSA, textile category 634,
      dutiable at 7.6 percent ad valorem.

           However, if the garment fails to meet the water resistance test
      specified in U.S. Note 2, it is classifiable under the provision for
      men's anoraks (including ski jackets), windbreakers, and similar
      garments, of man-made fibers, other, other, in subheading
      6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent
      ad valorem.

           Your sample will be returned, as requested, under separate
      cover.

           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.

















                                       -4-


           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