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HQ 086677


November 14, 1989

CLA-2 CO:R:C:G 085236 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1020; 6201.93.3510

Ms. Mary Ann Ost
H.Z. Bernstein Co., Inc.
One World Trade Center, Suite 1973
New York, New York 10048

RE: Classification of a Padded Jacket--Modification of HRL 083741

Dear Ms. Ost:

This is in regard to our ruling to you of June 13, 1989, HRL 083721, on behalf of Overseas Fashion Industries, Inc., in which a man's padded jacket, style 90/9317, was classified under a provision for other men's or boys' garments made up of fabrics of Heading 5603, anoraks (including ski jackets), windbreakers, and similar garments, in Subheading 6210.40.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had occasion to review that ruling and have determined that it is in error.

FACTS:

The garment was described as follows:

A single sample (men's style 90/9317) was received by this office. The sample is a man's short-length cold weather jacket. It has long sleeves with elasticized cuffs; an elasticized waist; a full front opening secured by two zipper closures (the inner one extends from waist to neck and the outer one from waist to the collar ends); and two side inserted pockets with zipper closures. The outer shell is made from three separate fabrics--the raglan sleeves from a blue fabric; the upper body of the garment, front and back, from a green fabric; and the lower body of the garment, front and back, from a grey fabric. All three are woven man-made fiber fabrics that are stated to have a 600 millimeter polyurethane coating on their inner surface. The plastics coating is clearly visible under 15X magnification, but cannot be seen with the naked eye. The woven man-made
fiber lining is quilted to a heavy nonwoven man-made fiber fabric insulating layer which forms the middle layer in the garment. The fabrics originate in Korea and are shipped to Bangladesh where the garments are manufactured.

ISSUE:

HRL 083721 concluded that the subject garment was classifiable in Heading 6210. The issue presented in our review of the that ruling is whether the nonwoven fabric batting in the garment should have caused the garment to be classifiable in Heading 6210, HTSUSA, as a garment made up of fabric of Heading 5603.

LAW AND ANALYSIS:

A repeat of the analysis contained in HRL 083721 is not necessary. The nonwoven insulating layer in the garment that was the subject of that ruling was quilted to the lining, however, no reference was made to the Chapter 62 Subheading Explanatory Note (at page 849) which specifically states that articles made of quilted textile products are to be classified according to the textile fabric forming the outershell. The example is given of a quilted anorak with an outer fabric of 60 percent cotton and 40 polyester. That garment is stated to be classifiable in Subheading 6201.92, HTSUSA, and the statement is specifically made that "the garment does not fall in heading 62.10."

On the basis of the Subheading Explanatory Note, which is the official interpretation of the HTSUSA at the international (4 and 6 digit) level, HRL 083721 incorrectly classified the jacket which was the subject of that ruling.

HOLDING:

For the reasons set out above, and in accordance with Section 177.9, Customs Regulations, HRL 083721 is hereby modified to reflect that the garment described therein is properly classifiable under the provision for other anoraks (including ski jackets), windbreakers, and similar garments, of man-made fibers, in Subheading 6201.93.3510, HTSUSA, with duty, as a product of Bangladesh, at the 1989 rate of 29.5 percent ad valorem. The designated textile and apparel category for that subheading is 634.

This notice should be considered a modification of HRL 083721 under 19 CFR 177.9(D)(1). It will not be applied retroactively. However, for the purposes of future transactions, HRL 083721 will not be valid. We recognize that pending transactions may be adversely affected by this ruling. If it can be shown that you have, to your detriment, relied on HRL 083721, e.g. ordered merchandise after the receipt of HRL 083721 which will be imported after the date of this ruling, you may notify this office and apply for relief from the effects of this modification and reclassification.

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 internal issuance of the U.S. Customs Service, which 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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

Harvey B. Fox, Director

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