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HQ 084331

August 25, 1989

CLA-2 CO:R:C:G 084331 CMR 835019


TARIFF NO.: 6210.30.1020

Donna Shira, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. Eighty Broad Street
New York, New York 10004

RE: Classification of a women's coat, style 9050

Dear Ms. Shira:

This ruling is in response to your letter of December 20, 1988, on behalf of Saxton Hall, requesting the classification of a women's coat under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The submitted sample is a women's coat, style 9050, with a woven outershell of 70 percent man-made fibers and 30 percent wool. The outershell is laminated by a heat process to an inner lining of non- fibrous polyurethane foam with a nylon tricot backing. A separate, woven lining, which appears to be of man-made fibers, is sewn into the garment. The weight of the textile shell material is 22/23 ounces per square yard, and the foam thickness is .05905 inches.

The garment has a double-breasted, full-front, buttoned opening, lapels, a buttoned tab on each sleeve, front pockets and a half belt across the back. The garment does not extend to 3/4 length.


Is the garment classifiable in heading 6210, HTSUSA, as a garment made up of fabric of heading 5903, HTSUSA?


The submitted sample is a women's coat and as such would be classifiable under subheading 6202.13, HTSUSA, which provides for women's overcoats, carcoats, capes, cloaks and similar coats of man- made fibers. However, Note 5, Chapter 62, provides:

Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210.

Heading 6210 provides for "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907." Heading 5903, Chapter 59, HTSUSA, provides for textile fabrics impregnated, coated, covered, or laminated with plastics, other than tire cord fabrics. In order to determine if the garment is classifiable in 6210, we must determine if, in this case, the outershell fabric is fabric of heading 5903.

Note 2 to Chapter 59, states, in pertinent part, that Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked * * * for the purpose of this provision, no account should be taken of any resulting change of color;

(3) Products in which the textile fabric is either completely imbedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter 39).

The fabric of the outershell of the garment does not fall within any of the exceptions of Note 2 and, therefore, meets the require- ments for classification in Heading 5903.

As the outershell fabric is fabric of Heading 5903, the garment is classifiable in Heading 6210, as a garment made up of fabric of Heading 5903.


The garment at issue is classifiable as a garment made up of fabric of Heading 5903, in subheading 6210.30.1020, HTSUSA, which provides for other garments, of the type described in subheadings 6202.11 to 6202.19, of man-made fibers, other. The garment falls in textile category 635 and is subject to a duty rate of 7.6 percent ad valorem.

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

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.


John Durant, Director
Commercial Rulings Division

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