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HQ 087964

December 20, 1990

CLA-2 CO:R:C:G 087964 CC


TARIFF NO.: 6202.93.5010

Mr. Hugh A. Walton
General Manager
DashAmerica Inc.
2300 Central Avenue, Suite G
Boulder, CO 80301

RE: Classification of a jacket; made of a coated woven fabric and a knit mesh, which is not water resistant; knit mesh more than mere trimming; garment not classifiable as water resistant; classified under subheading 6302.93.5010

Dear Mr. Walton:

This letter is in response to your inquiry of July 19, 1990, requesting tariff classification of a jacket. You have submitted a sample for examination.


The submitted merchandise, designated by you as style 325, is a hip-length, unisex jacket designed and marketed for cycling and cross country skiing. The jacket has long sleeves, a full frontal opening with a zipper, and elasticized cuffs and waistband. Most of the outer shell, which is described as wind and water resistant, is made of "Silmond," a densely woven polyester fabric that has fluoropolymer applied to it. On both sides there is an insert of fabric, which measures approximately 15 inches by 2 inches, that extends the length of the jacket from the bottom of the sleeve to the waist. This fabric is a knit mesh fabric known as "Fieldsensor," which you describe as having an inherent ability to transfer moisture away from the skin.


Whether the submitted jacket is classifiable in Heading 6102, 6202, or 6210 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

Whether the submitted jacket is classifiable under a subheading that provides for water resistant garments?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Because the jacket is worn by both men and women, Note 8 to Chapters 61 and 62 is applicable. It provides that articles of these chapters which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

Most of the submitted jacket is made of coated woven fabric; therefore, it is classifiable in Chapter 62, HTSUSA, which provides for articles of apparel, not knitted or crocheted. Heading 6210, HTSUSA, provides for garments made up of fabrics of Heading 5602, 5603, 5903, 5906, or 5907. Note 2 to Chapter 59 states that Heading 5903 applies to the following:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of color.

We have carefully examined the sample and are unable to see the coating with the naked eye. Therefore this jacket is not coated for classification purposes and is not classifiable in Heading 6210.

Heading 6202, HTSUSA, provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski jackets), windbreakers and similar articles. The jacket at issue is a ski-jacket or similar article and is thus classifiable in this heading.

The submitted jacket also contains knit mesh fabric inserts, which could affect its classification. We note that an Explanatory Note to Chapter 61 states the following:

The classification of goods in this Chapter is not affected by the presence of parts or accessories of, for example, woven fabrics, furskin, feathers, 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 Interpretive Rules.

The amount of knit mesh fabric and the function it serves, to transfer moisture from the skin, persuades us that this fabric is more than mere trimming. Therefore the jacket is also classifiable in Heading 6102, which provides for women's knit ski-jackets, windbreakers, and similar articles. After applying GRI 1, we are left with competing headings, 6102 and 6202, for classification of the jacket at issue. Therefore we must apply the remaining GRI's.

GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, shall be classified as if they consisted of the material or component which gives them their essential character.

In HRL 084118, dated April 13, 1989, we stated that for upper or lower body garments, if one component exceeds 60 percent of the visible surface area, that component, in essence, imparts the essential character to the garment and will determine the classification of it. The woven fabric clearly exceeds 60 percent of the visible surface area of the jacket at issue. Therefore, the sample jacket is classified in Heading 6202, HTSUSA. The applicable subheading is 6202.93, HTSUSA, which provides for articles of man-made fibers.

You believe that the jacket at issue is classifiable under subheading 6202.93.4500, HTSUSA, which provides for water resistant garments. Additional U.S. Note 2 to Chapter 62 provides that for the purposes of subheading 6202.93.45, among other subheadings, the term "water resistant" means that garments classifiable in that subheading must have a water resistance (see ASTM designations D 3600-81 and D 3781-79) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with AATCC Test Method 35-1985. This water resistance must be the result of a rubber or plastics application to the outer shell, lining or inner lining.

Even assuming that the coated woven fabric meets the water resistance test, the mesh insert would not meet this test. You believe that the mesh fabric is placed where it is less susceptible to water penetration, making the jacket classifiable as water resistant.

There is nothing in the language of Additional U.S. Note 2 to Chapter 62 that indicates that only a portion of a garment need be water resistant to make the garment classifiable as water resistant. The test applies to garments, not to fabric. Although we would not preclude classification of a garment as water resistant due to the presence of mere trimming that is not water resistant, we believe that fabric that is more than mere trimming could affect whether a particular garment meets the water resistance test. In addition, we do not believe that the location of the mesh inserts affects the application of the water resistance test. Because the submitted jacket would not meet the water resistance test, it is not classifiable under subheading 6202.93.4500.


The submitted jacket is classified under subheading 6202.93.5010, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of Heading 6204, anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless jackets), of man-made fibers, other, other, 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 classification) and the restraint (quota/visa) categories applicable to textile merchandise, 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.


John Durant, Director
Commercial Rulings Division

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