Classification of certain women's jackets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

HQ 085195 October 18, 1989 CLA-2 CO:R:C:G 085195 CMR 842677 CATEGORY: Classification TARIFF NO.: 6202.93.4500 Donna Shira, Esq. Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street New York, New York 10004 RE: Classification of certain women's jackets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) Dear Ms. Shira: This ruling is in response to your letter of June 22, 1989, on behalf of your client, Foreign Resources Corporation, requesting the classification of two women's jackets made in Korea. FACTS: Two samples were submitted for review. Styles 35052 and 85033 are women's hip-length jackets with woven outer shells of 65 percent polyester and 35 percent cotton, woven nylon linings and a nonwoven polyester filling. Your letter indicates that each jackets' lining is coated with a polyurethane plastics which renders the garment water resistant in accordance with the requirements of U.S. Note 2 to Chapter 62, HTSUSA. A copy of a laboratory report of a water resistance test on a coated fabric reflecting that the fabric meets the requirements of U.S. Note 2 has been submitted to support this claim. Style 35052 has a full front zippered opening with an overlapping placket secured by a hook and loop fastener at the neck and the bottom, long sleeves with buttoned sleeve cuffs, two large front pockets with buttoned flaps, a stand-up collar with a drawstring, and an elasticized waistband. Style 85033 has a full front zippered opening with an overlapping placket secured by metal snap-on buttons at the neck and the bottom, long sleeves with elasticized cuffs, a soft collar with a -2- drawstring, an elasticized waistband and two open side pockets. The jacket has a narrow knit pattern that runs from the shoulder to the pocket on each side in the front. ISSUE: Are the jackets at issue classifiable under the provision for anoraks (including ski jackets), windbreakers, and similar garments, in subheading 6202.93.4500, HTSUSA, or, due to the presence of the nonwoven polyester filling, under the provision for garments, made up of a fabrics of heading 5603 (among other headings), in subheading 6210.10.4025, HTSUSA? LAW AND ANALYSIS: Classification of products under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]. In HRL 083721 of June 13, 1989, a jacket with a heavy nonwoven fabric insulating layer was determined to be classifiable under heading 6210, HTSUSA, which provides for garments, made up of a fabrics of heading 5603 (among other headings). The reason for this result was the presence of the heavy nonwoven fabric which contributed significantly to the garment and, therefore, could not be ignored. Note that 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. While not expressly stated in the ruling, the nonwoven insulating layer was much heavier than that normally found in similar garments. We have been informed that a normal nonwoven insulating layer weighs eight ounces per square yard. The garments at issue here appear to have fairly lightweight nonwoven polyester fillings. Where a garment has a normal (or less than normal) weight nonwoven 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 goods in this Chapter is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, 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 -3- 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 Interpretative Rules. (at 848) Since normal linings fall within the category of "mere trimming", and the nonwoven insulating linings in the garments at issue are no heavier than would normally be found in a jacket, the nonwoven linings do not affect the classification of the subject garments. HOLDING: Provided the garments at issue meet the water resistance test specified in U.S. Note 2, as has been indicated, they are classifiable under the provision for women's or girls' anoraks (including ski jackets), windbreakers, and similar garments, of man- made fibers, water resistant, in subheading 6202.93.4500, HTSUSA, textile category 635, dutiable at 7.6 percent ad valorem. Your samples will be returned, as requested, under separate cover. The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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 importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins