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HQ 085318

November 3, 1989

CLA-2 CO:R:C:G 085318 CMR 843694


TARIFF NO.: 6201.93.3000, 6201.93.3510

Beth Brotman, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

RE: Classification of a men's jacket from the People's Republic of China under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Ms. Brotman:

This ruling is in response to your submission of July 21, 1989, on behalf of Amerex of California, Corporation, requesting the classification of a men's jacket from the People's Republic of China. It is anticipated that the merchandise will be entered through the port of New York.


A sample jacket was submitted for review. The sample, style 1559/1589, is a man's upper-thigh-length parka with a woven 65 percent polyester/35 percent cotton chintz outershell which reverses to a woven poplin fabric of the same composition. The garment has a nonwoven 100 percent polyester filling; a full-front opening with a zipper closure covered by a placket or storm flap that can be secured over the zipper by four snaps located along the length of the flap; a detachable hood secured by five snaps; a stand-up collar with a snap closure; a drawstring at the waist; long sleeves; (on the chintz fabric side) two slanted pockets below the waist each having a flap and snap closure; (on the poplin fabric side) adjustable textile straps around the wrists for tightening the sleeves, two patch pockets below the waist with flaps having a velcro closure and a slit along one edge forming another pocket, a vertical chest pocket with a covered zippered closure, a flange extending around the chest area, and nonadjustable textile epaulets.

You claim in your submission that the inner surface of the chintz fabric shell has a plastics application making the garment "water resistant" as defined by Additional U.S. Note 2, Chapter 62, HTSUSA. No laboratory report was submitted, however, to support your assertion that the garment is water resistant.


Is the submitted garment 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?


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 garment at issue here appears to have a fairly average amount of nonwoven polyester filling. Where a garment has a normal (or less than normal) weight nonwoven insulating layer, that insulating layer will be disregarded in determining the classifica- tion 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 lining in the garment at issue is no heavier than would normally be found in a jacket, the nonwoven lining does not affect the classification of the subject garment.

Since the chintz and poplin fabrics are of the same composition, it is not necessary to decide which fabric should determine the classification of the garment.


Provided the garment at issue meets the water resistance test specified in U.S. Note 2, as has been claimed, it is 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.

However, if the garment fails to meet the water resistance test specified in U.S. Note 2, it is classifiable under the provision for men's anoraks (including ski jackets), windbreakers, and similar garments, of man-made fibers, other, other, in subheading 6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent ad valorem.

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

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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