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HQ 086763

July 3, 1990

CLA-2 CO:R:C:G 086763 CB


TARIFF NO.: 6202.13.4020

Gail T. Cumins, Esq.
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, New York 10004

RE: Classification of women's woven outerwear

Dear Ms. Cumins:

This letter is in response to your letters of February 26 and March 14, 1990, on behalf of Foreign Resources Corp., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for woven garments from Korea.


Three samples (style nos. 27006, 57023, and 37030) were submitted with your request. Each garment has an outershell made of woven tweed fabric composed of 70% man-made fibers and 30% wool. All three styles have a full-front opening with a button closure, including two at the bottom edge and slant pockets. They also have cuffs both at the bottom and sleeves. Style no. 37030 has leather trim on the shoulders. Styles 27006 and 37030 are approximately three-quarter, or fingertip length, while style 57023 is slightly shorter. All of the garments are lined with a woven nylon fabric which has an application of polyurethane plastics that is stated to render the garments water resistant. You submitted a lab report in support of your claim of water resistancy.


Whether the subject garments are classifiable as similar to a coat or as similar to an anorak under the HTSUSA?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1
through 6. The systematic detail of the HTSUSA is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Chapter 62, HTSUSA, provides for articles of apparel and clothing accessories, not knitted or crocheted. Subheadings 6202.11 through 6202.19, HTSUSA, provide for women's or girls' overcoats, carcoats, capes, cloaks and similar coats. Subheadings 6202.91 through 6202.99, HTSUSA, provide for women's or girls' anoraks (including ski-jackets), windbreakers and similar articles. Classification, therefore, must rely upon the differentiation between anorak-type garments and overcoat-type garments.

HRL 083536 issued October 23, 1989, sets forth the view that anorak-type garments can be distinguished from overcoat-type garments in that the latter are "normally cut long and full to fit over a sports jacket, suit, dress, etc." In applying this criteria to the subject garments, we see that the subject garments are sufficiently generously tailored to fit over other outergarments. While the hem is gathered into a smaller band, it does not make the fit significantly tighter to preclude wearing this coat over a jacket. The two longer garments are approximately three-quarter, or fingertip length, while the junior size garment is slightly shorter. After considering all the characteristics of the subject garments, such as fullness of cut, sleeve ends, type of closure, etc., it is Customs position that the subject garments are more similar to carcoats.


The subject garments are classifiable in subheading 6202.13.4020, HTSUSA, which provides for women's or girls' overcoats, carcoats,...other than htose of heading 6204: overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers: other, other, women's. The rate of duty is 29.5 percent ad valorem and the textile category is 635.

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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director

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