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HQ 083139

July 21, 1989

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


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.


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.


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


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.


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


John Durant, Director

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