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HQ 085149

OCTOBER 3, 1989

CLA-2 CO:R:C:G 085149 PR; NY 842457


TARIFF NO.: 6201.93.3510; 6201.93.1000

Richard M. Wortman, Esquire
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th street
New York, New York 10017

RE: Tariff Status of a Jacket/Vest Combination

Dear Mr. Wortman:

This ruling is in response to your letter of June 9, 1989, on behalf of G-III Leather Fashions, Inc., concerning the tariff classification of a jacket and vest combination, which you indicate is produced in Korea.


The merchandise in question, style No. 240-43, is an integrated vest and jacket. The two garments can be zipped together so that they may be worn as one garment or separately.

The vest has a woven outer shell and lining that are 65 percent polyester and 35 percent cotton; a full front opening with a zipper closure; an elasticized waist; and a double pocket arrangement on each front side--a patch pocket, with a horizontal opening covered by a flap with a Velcro\ type closure, which forms the outer portion of a pocket with a vertical opening. The vest is stated to be filled with down which comprises over 10 percent of the weight of the vest.

The waist-length jacket has a woven outer shell and lining that are 65 percent polyester and 35 percent cotton; a full front opening with a zipper closure which is covered by a flap; a detachable mouton collar in addition to the normal collar; a waistband with two adjustment tabs; adjustable cuffs; side patch pockets with leather trimmed slant openings; pocket flaps over the pockets giving the false appearance of pockets that have horizontal openings; and two large overlaid leather patches on each sleeve. It also has a thin polyester fill between the shell and the lining.


The issues presented are (1) are the two garments, which we assume are physically zipped together to form a single garment at the time of importation, classifiable as a single garment or separately; and (2) Is the jacket classifiable under Heading 6210, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as a garment made up of nonwoven fabrics of Heading 5603, HTSUSA.


Note 13, Section XI, HTSUSA, provides that in the absence of a context to the contrary, "textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale." Each garment is designed and intended to be worn separately. As such, even when zipped together seemingly forming a single unit, each garment maintains its own separate identity. Therefore, pursuant to Note 13, the garments are separately classifiable.

In our ruling of June 13, 1989, file 083721, a jacket with a heavy nonwoven fabric insulating layer was determined to be classifiable in Subheading 6210.40.1020, HTSUSA, which provides for other men's or boys' garments of man-made fibers, made up of fabrics of (in this case) Heading 5603. This result was obtained because the heavy nonwoven fabric contributed significantly to the garment and, therefore, could not be ignored. Note that in view of the classification, 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 are informed that a normal nonwoven insulating layer weighs 8 ounces per square yard.

The distinction between the jacket which was the subject of HRL 083721 and the instant jacket is that the polyester padding in the subject garment has a very thin, lightweight fill. Where a garment has a normal (or less than normal) weight nonwoven fabric insulating layer, that insulating layer will be disregarded in determining the classification 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 (the 4 and 6 digit headings), 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 [sic], 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 [sic] and feathers, respectively), or failing that, according to the General Interpretive Rules. (at pg. 848)

Since normal linings fall within the category of "mere trimming", and the instant nonwoven insulating lining in the subject jacket is lighter than would normally be found in a jacket, it does not affect the classification of that garment.


The subject jacket, with its detachable mouton collar, is classifiable under the provision for other men's car coats, anoraks, windbreakers, and similar articles, of man-made fibers, in Subheading 6201.93.3510, HTSUSA, with duty, as a product of Korea, at the 1989 rate of 29.5 percent ad valorem. The designated textile and apparel category for that subheading is 634. The vest portion is separately classifiable under the provision for other men's padded sleeveless jackets, of man-made fibers, containing 10 percent or more by weight of down, in Subheading 6201.93.1000, HTSUSA, with duty, as a product of Korea, at the 1989 rate of 4.7 ad valorem. The designated textile and apparel category for that subheading is 653.

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, to obtain the most current information available, 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 (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

John Durant, Director

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