HQ 083139: Reconsideration of NYRL 831923

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 083139

                                        July 21, 1989


          CLA-2 CO:R:C:G  083139 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6202.93.4500, 6204.63.3000

          Peter S. Herrick, Esquire
          2945 S. Miami Avenue
          Miami, Florida 33129

          RE:  Reconsideration of NYRL 831923

          Dear Mr. Herrick:

                This ruling letter is in response to your inquiry of
          October 13, 1988, on behalf of Tail, Inc., requesting
          reconsideration of NYRL 831923 of September 23, 1988.  A women's
          rainsuit produced in Hong Kong was submitted for examination.

          FACTS:

                The sample at issue is a women's rainsuit which consists of
          a jacket and pants.  The jacket is printed and features a full-
          front, zippered opening which extends into a high collar which is
          shirred at intervals.  The jacket has an elasticized waistband
          and cuffs, and side pockets.  The jacket has shoulder pads which
          are attached by aVelcro-like fastener.

                The pants have an elasticized waistband through which a
          drawstring is threaded.  It has side pockets and features a
          vertical zipper extending from the ankle approximately 10 inches
          up each leg.

                According to new information submitted with this
          reconsideration, the garments are made from an outershell fabric
          that is coated with a plastics material.  The linings are
          composed of blended knit fabric.  A lab report from the
          International Fabricare Institute states that the garments are
          water-resistant.

                NYRL 831923 of September 23, 1988, classified the garments
          in subheading 6211.43.0050 and subheading 6211.43.0040, HTSUSA.












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          ISSUE:

                Whether the garments at issue were properly classified
          under subheadings 6211.43.0050 and 6211.43.0040, HTSUSA.

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),
          taken in order.  GRI 1 provides that classification is determined
          according to the terms of the headings and any relevant section
          or chapter notes.

                Subheading 6211.43, HTSUSA, provides for track suits, ski-
          suits and swimwear; other garments, women's or girls', of man-
          made fibers.  Since the samples at issue are not track suits,
          they cannot be classified in subheading 6211.43, HTSUSA.

                You assert that classification should be in heading 6210,
          HTSUSA, because the outer shell fabric of the instant samples is
          the same as used in the merchandise which was the subject of NYRL
          824918 of September 23, 1987.  In that ruling the merchandise was
          found to be visibly coated, and therefore classified in heading
          6210, HTSUSA, which provides for garments made up of fabrics of
          heading 5602, 5603, 5903, 5906 or 5907.  With respect to the
          samples at issue, they do not qualify as visibly coated.
          Although we have not retained a sample from NYRL 824918, we
          cannot accept the claim that the instant fabric is coated to the
          same degree as that merchandise.  Thus, classification is
          precluded under heading 6210, HTSUSA.

                Additional U.S. Note 2 states that the term "water
          resistant" means that garments classifiable in those subheadings
          must have a water resistance 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 of
          plastics application to the outer shell, lining or inner lining.
          Assuming the samples at issue are water resistant at the time of
          importation, they would be classified in chapter 62.

                We note that the garments at issue cannot be classified as
          a "set" for tariff purposes.  Section XI, note 13, states that
          textile garments of different headings are to be classified in
          their own headings even if put up in sets for retail sale.

          HOLDING:

                The jacket is classified under subheading 6202.93.4500,
          HTSUSA, which provides for women's or girls' overcoats, carcoats,












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          capes, cloaks, anoraks, windbreakers and similar articles, of
          man-made fibers, other water resistant, textile category 635, and
          dutiable at the rate of 7.6 percent ad valorem.

                The pants are classified under subheading 6204.63.3000,
          HTSUSA, which provides for women's or girls, trousers, bib and
          brace overalls, of synthetic fibers, other water resistant
          trousers or breeches, textile category 648, and dutiable at the
          rate of 7.6 percent ad valorem.

                Due to the changeable nature of the statistical annotation
          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.

                NYRL 831923 of September 23, 1988 is modified in accordance
          with this ruling.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division