HQ 085196: 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 085196

                                November 2, 1989


      CLA-2 CO:R:C:G  085196  CMR  843192

      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 10, 1989,
      on behalf of Amerex of California, Corporation, requesting the
      classification of a men's jacket from the People's Republic of China.

      FACTS:

           A sample jacket was submitted for review.  The sample, style
      99015/99415, is a men's hip-length, cold-weather jacket with a 65
      percent polyester/35 percent cotton woven outershell, a 100 percent
      cotton woven lining and a nonwoven polyester filling.  The woven
      lining is quilted to the nonwoven polyester filling.  The garment
      features long sleeves with two grommets under each arm and 100
      percent acrylic knit cuffs, a full-front opening with a zipper
      closure covered by a placket with five snap closures along its
      length, a stand-up outer collar with a zippered compartment
      containing a nylon hood with a drawstring threaded through the collar
      to adjust the fit, a stand-up inner collar lined with 100 percent
      acrylic knit fabric, two large front pockets each having flaps with a
      Velcro-like closure at the top and zipper closures on the side
      creating separate front pockets, zippered slant pockets at the waist,
      and a drawstring waistband with cord locks.

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











                                       -2-


      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
           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)











                                       -3-


           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.

           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.

           Since the woven lining is quilted to the nonwoven polyester
      filling, the above stated Subheading Explanatory Note applies.  In
      light of that note, the garment is not classifiable in heading 6210,
      but is classified in heading 6201 according to the textile material
      of its outer fabric.

      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











                                       -4-


      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