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HQ 085610

November 9, 1989

CLA-2 CO:R:C:G 085610 CB


TARIFF NO.: 6202.93.5010

Ms. Linda Stromgren
Global Transportation Services, Inc.
7550 24th Avenue South
Suite 144
Minneapolis, Minnesota 55450

RE: Classification of ladies' sheeting stadium jacket

Dear Ms. Stromgren:

This ruling is in response to your letter of August 18, 1989, on behalf of Salkin & Linoff Inc., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a stadium jacket from Taiwan.


The sample submitted, style JJ12345, is a women's three- quarter length stadium coat with an outershell composed of woven 65% polyester/35% cotton fabric, which has been coated on its underside with acrylic plastics. The lining is quilted on to the polyester filling. The garment also has a full-front zipper opening, drawstrings in the collar and the bottom edge and buttoned cuffs.


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


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 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 (the 4th and 6th digit headings), 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 6202, HTSUSA, provides for overcoats, carcoats, capes, cloaks, anoraks...and similar articles. It is Customs position that the subject garment is not classifiable as a coat in subheading 6202.11 because it lacks many of the characteristics of a coat. Coats are normally cut
long and full to fit over a sports jacket, suit, dress, etc. The subject "sheeting stadium jacket" is more akin to an anorak. It has a quilted lining, close-fitting sleeve-ends, collar and pockets, etc. Therefore, the "sheeting stadium jacket" is properly classified in subheading 6202.93, HTSUSA, which provides for anoraks and similar articles of man-made fibers.


The instant garment is classifiable under subheading 6202.93.5010, HTSUSA, which provides for women's or girls' overcoats, carcoats...windbreakers and similar articles..., Anoraks...other, women's. The textile category is 635 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.

You have advised this office that you now have an actual importation which arrived at the Minneapolis port on October 26, 1989. A copy of this ruling is being forwarded to the Customs office at the port for their information.


John Durant, Director

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