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HQ 085294

October 25, 1989

CLA-2 CO:R:C:G 085294 HP


TARIFF NO.: 6202.93.4500

Mr. Stephen M. Zelman
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: Classification of a woman's coat

Dear Mr. Zelman:

This is in reply to your letter of July 28, 1989, requesting reconsideration of NYRL
843191 of July 21, 1989. Please reference your client Mulberry Street Casuals, Ltd.


In NYRL 843191, we classified a woman's three-quarter length 100 percent nylon woven coat, stated to have a plastics application on the inner surface rendering the garment water resistent, under subheading 6202.13.4020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as an other women's overcoat, carcoat and similar coat of man-made fibers.

The garment has a full front opening with a zipper closure. There is an overlapping flap covering the zipper area that is secured by five metal buttons. Contrasting colored fabric inserts are featured on the stand-up collar with a drawstring closure, and on a secondary stand-up collar. Contrasting colored inserts are also located on the two front patch pockets, which have flap and button closures, and on the two front slash pockets. At the bottom of the garment are two adjustable textile strips with D-rings.
On the upper back of the garment there is a contrasting colored textile hanger loop.
The sleeve cuffs are elasticized.


Whether the instant garments are considered anoraks and similar garments under the

Subheadings 6201.11 through 6201.19, HTSUSA, provide for men 's or boy's overcoats, carcoats, capes, cloaks and similar coats. Subheadings 6201.91 through 6201.99, HTSUSA, provide for men's or boy's anoraks (including ski jackets), wind breakers and similar articles. Heading 6202 provides similar breakouts for women and girls. Classification therefore is based upon whether the instant garment is similar to an overcoat, or is an anorak and similar article.

In HRL 081134 DSN of April 27, 1989, we held that for classification under the

... we are distinguishing parka-type garments from anoraks. Parka-type garments are classifiable under the provisions for overcoats, car-coats, capes, cloaks and similar articles, not under the provisions for anoraks
(including ski-jackets) and similar articles. In order for a garment to be considered a parka, it must have a hood, a complete opening at the front fastened by a zipper or a Velcro-like fastener, with or without a protective flap; a lining either quilted or of simulated fur fabric; a drawstring or other tightening device at the waist, except a belt, and outer pockets. The length of the parka may vary from mid-thigh to knee.

Anoraks have many features in common with parkas ; however, they differ in regards to the length of the garment. The length of an anorak can vary from waist length to mid-thigh only. Anoraks must have a hood which can be concealed in the collar; a complete opening at the front fastened by a zipper or velcro [sic. ]; a lining quilted or padded, a drawstring or other means of tightening ; close-fitting elasticized sleeve-ends; collar and pockets. If the length of the garment is longer than mid-thigh and yet has the features described above, it will nevertheless be considered a parka and classifiable under the provisions for overcoats, car-coats, capes, cloaks and similar articles.

The term "similar articles" in relation to anoraks, includes garments which have the features of an anorak except for either a hood or a lining. These similar articles include garments defined as anoraks which have only a partial opening and fastening device at the front.
In HRL 083536 of October 23, 1989, however, we deemed

... parkas [to] have in common many of the characteristics of anoraks.
Like anoraks, parkas are worn by those engaging in outdoor winter sports, or by those who prefer casual styled outerwear. This distin guishes parkas and anoraks from overcoats, carcoats, storm coats, etc., which are normally cut long and full to fit over a sports jacket, suit, dress, etc. While length alone may be sufficient to view parkas as garments commercially distinct from anoraks, length alone is NOT sufficient to classify parkas outside the purview of the subheading for anoraks and similar articles. Therefore, while the characteristics for anoraks and parkas we developed in HRL 081134 are still valid, identifying a garment as a parka will now place classification under the subheading for garments similar to anoraks. In this respect, HRL
081134 of June 12, 1989, is hereby revoked.

The instant merchandise has many of the above-listed characteristics for parkas, and would be classifiable as articles similar to anoraks, except that the garment is missing a padded or quilted lining. In HRL 083536, supra, we ruled that

[g]arments which would otherwise be covered by the term "anoraks
(including ski-jackets) and similar articles" but have neither a hood nor a lining could however be covered by the term " and similar articles" when this is used in relation to the term windcheaters. [Citation omitted.]

Therefore, the instant merchandise is classifiable as an anorak and similar article.


You state that the instant merchandise is considered water resistant in accordance with AATCC Test Method 35-1985, as required by Additional U.S. Note 2 to Chapter 62,
HTSUSA. For the purposes of this ruling letter, we assume this to be correct.

As a result of the foregoing, the instant merchandise is classified under subheading
6202.93.4500, HTSUSA, textile category 635, as women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (includ ing padded, sleeveless jackets), other than those of heading 6204 , anoraks (including ski-jackets), windbreakers and similar articles (including padded , sleeveless jackets), of man-made fibers, other, other, other, water resistant. The applicable rate of duty is 7.6 percent ad valorem.
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 issuance of the U .S. Customs Service, which is updated weekly and is available 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.

Pursuant to section 177.9, Customs Regulations (19 C.F.R. 177.9), the ruling letter of July 21, 1989 is modified in conformity with the foregoing.


John Durant, Director
Commercial Rulings Division

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