HQ 086440: Classification of polyester lined garments

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 086440

                                  February 20, 1990



          CLA-2 CO:R:C:G 086440 DRR

          CATEGORY: Classification

          TARIFF NO.: 6202.93.5010

          Mr. Steven Papier
          H.Z. Berstein Co., Inc.
          One World Trade Center, Suite 1973
          New York, New York 10048

          Re:  Classification of polyester lined garments

          Dear Mr. Papier:

               This is in reference to your letter dated January 12, 1990,
          on behalf of Saxton Hall Ltd., requesting the classification of
          two women's polyester filled garments, under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA).

          FACTS:

               The merchandise at issue is represented by two women's woven
          outerwear garments of man-made fibers from Taiwan.  Both styles
          have woven outershells of 65 percent polyester/35 percent cotton,
          woven nylon linings and interlinings of nonwoven polyester
          quilted to the lining.

               Style 2045 is three quarters length.  It has a full front
          zipper opening partially covered by a textile flap, long sleeves
          with snap cuffs, draw strings at the top of the collar, and front
          pockets with snaps.  Style 3045 is hip length with a full front
          zipper, elasticized bottom edge and cuffs, and slant pockets at
          the waist.  In your letter you indicate that the inner linings of
          the garments weigh nine ounces per square yard.  You further
          state that you believe that the garments are properly classified
          in heading 6210.

          ISSUE:

               Whether the garments at issue are classifiable in heading
          6210, HTSUSA, or heading 6202, HTSUSA.
















                                        - 2 -

          LAW AND ANALYSIS:

               Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.
          Heading 6202, HTSUSA, provides for women's or girl's overcoats,
          carcoats, capes, cloaks, anoraks (including ski-jackets).  The
          Explanatory Notes to the HTSUSA may be consulted for guidance as
          to the correct international interpretation of the various HTSUSA
          provisions.  The Explanatory Notes for Chapter 61 state that the
          classification of goods in that chapter is not affected by the
          presence of parts or accessories of, for example, knitted or
          crocheted fabrics, furskin, feather, leather, plastics or metal.
          The Explanatory Notes for Headings 6117 and 6217 contain a
          partial listing of articles considered to be "parts" and
          "accessories."  The listing includes linings, pockets, collars,
          and cuffs.  Headquarters Ruling Letter (HRL) 085196, dated
          November 2, 1989, held that polyester fillings weighing eight
          ounces or less per square yard would not effect the
          classification of the garment.  However, a heavy nonwoven lining
          may be found to contribute significantly to the garment.  (See,
          for example, HRL 083721, dated June 13, 1989.)

               Heading 6210, HTSUSA, provides for garments made up of
          fabrics of heading 5602, 5603, 5906 or 5907.  The Subheading
          Explanatory Note to Chapter 62 states that articles made from the
          quilted textile fabric in the piece of heading 5811 are to be
          classified by their outer fabric and that, even if the outer
          fabric is a fabric of 5903, 5906 or 5907, the garment is not
          classified in heading 6210.  Heading 5811 provides for quilted
          textile products in the piece, composed of one or more layers of
          textile materials assembled with padding by stitching or
          otherwise, other than embroidery of heading 5810.  In light of
          this Explanatory Note, the significance of the weight of the
          lining of the garment in question need not be established.

          HOLDING:

               The garments in question are classifiable under subheading
          6202.93.5010, HTSUSA, Women's or girl's overcoats, carcoats,
          capes, cloaks, anoraks (including ski-jackets), of manmade
          fibers, other, other, women's, with a duty rate of 29.5 percent
          ad valorem and subject to visa category 635.


















                                         -3-


               The designated textile and apparel category may be
          subdivided into parts.  If so, 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, we suggest that 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 available for inspection at your local Customs office.

               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.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division






































          6 cc: A.DS. N.Y., Seaport
          DRRimmer library/peh
          name: 082074