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HQ 085547


December 20, 1989

CLA-2 CO:R:C:G 085547 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

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

RE: Request for classification of men's woven jacket

Dear Mr. Shustin:

This ruling is in response to your letter of August 16, 1989, requesting a binding classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a men's woven jacket from South Korea.

FACTS:

The sample submitted, style BBM-143, is a men's upper-thigh- length jacket with a woven outer shell made from a blend of 65% polyester, 35% cotton. It has a full-front opening with a two- way zipper, cargo pockets with snaps, zippered chest pockets, snap tab cuffs, an inner drawstring and leather trim on the collar and the chest pocket welting. The upper portion of the jacket is lined with a brushed fabric, while the lower portion has a lining of outershell fabric. The sleeves are lined with a nylon taffeta quilted material. There is a relatively thin nonwoven interlining of material assumed to be polyester. The shell fabric is stated to have an application of 450mm polyurethane plastics. You have also indicated that the weight of the lining is 3 ounces per square yard.

ISSUE:

Whether this garment is classifiable under Heading 6210, HTSUSA, as a garment made up of nonwoven fabrics of Heading 5603, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

In HRL 083721, issued on June 13, 1989, 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 boy's 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. Although it was not expressly stated in said ruling, the nonwoven insulating layer in that particular garment was much heavier that what is normally found in similar garments.

However, unlike the jacket which was the subject of HRL 083721, the polyfill in the subject garment is not very heavy. 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 and which state in regard to Chapter 62:

The classification of the 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 Interpretative Rules. (at pg. 848)

Linings of normal weight fall within the category of "mere trimming". The nonwoven insulating lining in the subject garment is no heavier than would normally be found in a jacket. Therefore, in the instant case, the lining does not affect the classification of the garment.

Having determined that the lining is not an issue for classification purposes, we must decide what is the proper classification of the garment. Heading 6201, HTSUSA, provides for overcoats, carcoats, capes, cloaks, anoraks...and similar articles. It is Customs position that the subject garment is more akin to an anorak. It has a padded lining, a means of
tightening at the waist, close-fitting sleeve-ends, a collar and pockets. Therefore, the garment is properly classified in subheading 6201.93, HTSUSA, which provides for anoraks and similar articles of man-made fibers.

HOLDING:

The instant garment, if meeting the water resistance test specified in Chapter 62, U.S. Note 2, is classifiable in subheading 6201.93.3000, HTSUSA, which provides for men's or boys' overcoats...anoraks...and similar articles..., anoraks, of man-made fibers, other, water resistant. The textile category is 634 and the rate of duty is 7.6 percent ad valorem.

If the garment does not meet the water resistance test, it is classifiable in subheading 6201.93.3510, HTSUSA, which provides for men's or boys' overcoats..., anoraks...and similar articles..., anoraks, of man-made fibers, other, men's. The textile category is 634 and the rate of duty is 29.5 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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.

Sincerely,

John Durant, Director

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