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HQ 085192


November 3, 1989

CLA-2 CO:R:C:G 085192 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Mr. George Louis-Ferdinand
Louis-Ferdinand & Co., Inc.
206 Warren Street
Harrison, New Jersey 07029

RE: Classification of two styles of men's jackets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Mr. Louis-Ferdinand:

This ruling is in response to your letter of July 14, 1989, on behalf of your client, Clover, Division of Strawbridge & Clothier, requesting the classification of two styles of men's jackets. The garments are to be imported through the port of Newark, New Jersey from the Republic of Korea.

FACTS:

Two samples were submitted for review. The samples, styles 3412CL2MA and 3490CL2MA, are men's cold-weather jackets with outershells composed of 65 percent polyester/35 percent cotton woven fabric. The outershell fabrics have a silver coating which we assume is a plastics material. The sleeve linings are 100 percent woven nylon. Each jacket has a nonwoven polyester filling quilted to woven linings.

Style 3412CL2MA has a body lining of 65 percent polyester/35 percent cotton woven fabric. The garment is a hip-length jacket with a mostly rib knit waist, a full-front zipper opening with a placket or storm flap that can be secured over the zipper by snaps located at the top and bottom of the flap, an inner knit collar in addition to a outer woven collar, knit cuffs, double pockets at the waist (two slant pockets over two inset pockets with snap flaps), and an inside chest pocket. The knit portions of the garment are of 100 percent acrylic fabric.

Style 3490CL2MA has a body lining of 100 percent acrylic woven fabric and 100 percent woven nylon. The garment is an upper-thigh- length jacket with a full-front zipper opening with a placket or storm flap that can be secured over the zipper by five snaps located along its length, a drawstring at the waist, a detachable hood secured by three snaps, a knit collar lining, double pockets at the waist (two pockets with flaps secured by Velcro-like closures over two slant pockets), and an inside chest pocket. The knit collar lining is of 100 percent acrylic fabric.

A copy of a laboratory report of a water resistance test on two jackets, styles 3412CL2MA and 3490CL2MA, has been submitted to support a claim that the garments at issue are water resistance in accordance with the requirements of U.S. Note 2 to Chapter 62, HTSUSA.

ISSUE:

Are the submitted garments 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 garments at issue here appear to have somewhat lightweight nonwoven polyester fillings. Where a garment has a normal (or less than normal) weight nonwoven 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 interpre- tation 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)

Since normal linings fall within the category of "mere trim- ming", and the nonwoven insulating lining in the garments at issue are no heavier than would normally be found in a jacket, the nonwoven linings do not affect the classification of the subject garments.

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 linings are quilted to the nonwoven polyester fillings, the above stated Subheading Explanatory Note applies. In light of that note, the garments are not classifiable in heading 6210, but are classified in heading 6201 according to the textile material of their outer fabrics.

HOLDING:

Provided the garments at issue meet the water resistance test specified in U.S. Note 2, as has been indicated, they are 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.

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 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

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