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HQ 085268

November 14, 1989

CLA-2 CO:R:C:G 085268 CMR 843776


TARIFF NO.: 6203.43.1500, 6203.43.2005, 6201.93.3000, 6201.93.3510, 6201.93.3520, 6210.40.1040

Mr. Stanley Shustin
Winer Industries, Inc.
404 Grand Street
Paterson, New Jersey 07505

RE: Classification of four cold-weather garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Mr. Shustin:

This ruling is in response to your letter of July 24, 1989, requesting the classification of four cold-weather garments. The garments will be imported from South Korea, Taiwan and Bangladesh through the port of Los Angeles. A sample of each garment has been submitted for review.


Each of the submitted samples has an outershell that has been coated on its inner surface with a 450 mm polyurethane coating. Additionally, each garment has an insulating layer of nonwoven batting between the outershell and lining. We will assume that the nonwoven batting in all the garments is polyester, particularly because two of the garments so specify.

Style 30334/5 is a men's bib overall with an outershell of woven nylon and a woven lining. The garment features adjustable straps, a front zipper opening, a front pocket at the hip with a zipper closure, knit side inserts and hidden storm cuffs. The garment will be imported from South Korea in styles 30334/5 (men's), 30334/5 (men's tall) and 30311/1 (ladies').

Style 28070/1 is a men's hip-length jacket with a woven nylon outershell and a woven lining which is quilted to the nonwoven interlining. It has a full-front zippered opening covered by a storm
flap with snaps, zippered pockets at the waist, elasticized cuffs and waist and a stand-up collar. The garment will be imported from South Korea in styles 28070/1 (men's), 28081/2 (men's tall) and 28050/1

Style 508-1146 is a men's snowmobile suit with a woven nylon twill outershell and a woven lining which is quilted to the nonwoven interlining. The garment has a zippered front opening, a partially elasticized waist with an attached half-belt, a roll-up hood which stores in a zippered compartment in the collar, a covered pocket in the left chest area, zippered pockets at the waist, zippered extension vents on the pants legs at about mid-calf, and elasticized footstraps. The garment will be imported from Taiwan in styles 508- 1146 (men's), 508-1153 (men's tall), 508-1179 (youths) and 508-1161

Style 414-3207 is a boy's jacket with a woven outershell and a woven lining which is quilted to the nonwoven interlining. You informed our New York office that the shell is 65 percent polyester and 35 percent cotton, not 100 percent nylon as indicated in your letter. The jacket has a full-front zippered opening with a storm flap, slant pockets at the waist, elasticized waistband, rib knit cuffs and a knit-lined collar. The garment will be imported from Bangladesh in styles 414-3207 (boys 4-7) and 424-3311 (boys 8-20).


Are the submitted garments classifiable in heading 6210 as garments, made up of fabrics of heading 5603 or 5903, or in other headings of Chapter 62?


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 fabric 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 an average amount of nonwoven filling. 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 interpretation 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 trimming", and the nonwoven insulating linings in the garments at issue are no heavier than would normally be found in insulated garments, the nonwoven lining does 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.

For those garments with the woven linings quilted to the nonwoven fillings, the above stated Subheading Explanatory Note
applies. In light of that note, those garments are not classifiable in heading 6210, but are classified in the appropriate headings of Chapter 62 according to the textile materials of their outer fabrics.

In your letter, you stated that the coating on the submitted garments is 450 mm polyurethane. However, the coating on style 508- 1146, the snowmobile suit, appears much heavier than the coating on the other garments.

Heading 5903, HTSUSA, provides for textile fabrics impregnated, coated, covered, or laminated with plastics (except tire cord which is provided for in Heading 5902).

Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:

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 eye (usually chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of color.

It is our view that the wording of Note 2(a)(1) ("visible to the naked eye") is a clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a fabric for it to be considered "impregnated, coated, or covered."

Therefore, following the strict wording of Note 2(a)(1), for a fabric to be considered "impregnated, coated, or covered" within that requirement, the plastics material added to the fabric must be visibly distinguishable from that fabric without the use of magnification. Customs believes that this criterion is satisfied when the application of a plastics material clearly changes the surface character of the fabric. In such an instance, the naked eye is seeing the plastics.

Having examined the submitted garments, we believe that the surface character of coated fabric of the snowmobile suit is sufficiently changed to meet the requirement of heading 5903 that the plastic be visible to the naked eye. However, the other submitted samples do not have coated fabrics which we believe meet the requirement of heading 5903.

The snowmobile suit appears, prima facie, to be provided for in two headings. Heading 6210, as a garment made up of fabric of 5903, and heading 6211, as a ski-suit. Although the garment is referred to as a snowmobile suit, we believe any attempt to distinguish ski-suits and snowmobile suits would be fruitless. Distinctions that could be made between these types of garments are certain to be merely superficial.

Legal Note 5, Chapter 62, provides that "garments which are, prima facie, classifiable both in heading 6210 and in other headings of [Chapter 62], excluding heading 6209, are to be classified in heading 6210. Therefore, the snowmobile suit is classified in heading 6210 and not in heading 6211.

No information has been provided regarding whether the submitted garments are to be considered water resistant as defined in Additional U.S. Note 2, Chapter 62, HTSUSA. That note provides:

For the purposes of subheadings 6201.92.15, 6201.93.30, 6202.92.15, 6202.93.45, 6203.43.15, 6203.43.35, 6204.63.12, 6204.63.30 and 6211.20.15, the term "water resistant" means that garments classifiable in those subheadings must have a water resistance (see ASTM designations D 3600-81 and D 3781-79) 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 or plastics application to the outer shell, lining or inner lining.


Style 30334/5, a men's bib overall, if water resistant, is classified in the provision for men's or boys' bib and brace overalls, water resistant, in heading 6203.43.1500, HTSUSA, textile category 659, dutiable at 7.6 percent ad valorem. If not water resistant, the garment is classified in the provision for men's or boys' bib and brace overalls, insulated for cold weather protection, in subheading 6203.43.2005, HTSUSA, category 659, dutiable at 17 percent ad valorem.

Style 28070/1, a men's hip-length jacket, and style 414-3207, a boys' jacket, if water resistant, are classified in the provision for men's and boys' anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, other, water resistant, in subheading 6201.93.3000, HTSUSA, textile category 634, dutiable at 7.6 percent ad valorem. If not water resistant, style 28070/1 is classified in the provision for men's anoraks (including ski- jackets), windbreakers and similar articles, of man-made fibers, other, other, in subheading 6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent ad valorem. Style 414-3207 is
classified in the provision for boys' anoraks (including ski- jackets), windbreakers and similar articles, of man-made fibers, other, other, in subheading 6201.93.3520, HTSUSA, textile category 634, dutiable at 29.5 percent ad valorem.

Style 508-1146, a men's snowmobile suit, as a garment with an outer shell of fabric of heading 5903, is classifiable in the provision for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men's or boys' garments, of man-made fibers, other, overalls and coveralls, in subheading 6210.40.1040, HTSUSA, textile category 659, 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.


John Durant, Director
Commercial Rulings Division

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