CLA-2 CO:R:C:G DRR 082074
Mr. Duncan A. Nixon
Sharretts, Paley, Carter & Blauvelt, P.C.
80 Broad Street
New York, New York 10004
RE: Waterproof garment, request for modification of NYRL 826951
Dear Mr. Nixon:
This is in reference to your letter dated February 24, 1988,
requesting the modification of NYRL 826951, dated January 22,
1988.
FACTS:
The merchandise at issue is represented by a womens's woven
jacket of man-made fibers from Korea. The jacket is waist long
and padded. It has a full front zipper opening covered by a
textile flap, long sleeves, a stand-up collar, front pockets and
epaulets. The inner surface of the outer shell fabric is coated
with an unnamed substance which is not separately visible to the
naked eye. NYRL 826951, dated January 22, 1988, classified the
garment in subheading 6202.93.5010, HTSUSA, with a duty rate of
29.5 percent and subject to visa category 635. In your request
for reconsideration, you state that the garment is water-
resistant, an issue which was not adressed by NYRL 826951. Your
request is accompanied by a copy of a laboratory report which
states that less than one gram of water penetrated the material
when the shell fabric was tested pursuant to AATCC method 35-
1980.
ISSUE:
Whether the garment at issue is classifiable in subheading
6202.93.5010, HTSUSA, or subheading 6202.93.4500, HTSUSA.
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LAW AND ANALYSIS:
Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI), 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.
Subheading 6202.93.4500, HTSUSA, provides for Women's or girl's
overcoats, carcoats, capes, cloaks, anoraks (including ski-
jackets)...Anoraks..., Of manmade fibers, Other, Water resistant.
Subheading 6202.93.5010, HTSUSA, provides for Women's or girl's
overcoats, carcoats, capes, cloaks, anoraks (including ski-
jackets)...Anoraks..., Of manmade fibers, Other, Other, Women's.
Additional U.S. Note 2, Chapter 62, states that "water resistant"
means that garments classifiable in certain subheadings
(including subheading 6202.93.4500) must have a water resistance
such that, under a head pressure of 600 millimeters, not more
than 1 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. The garment, when tested by
the Custom's laboratory did not meet the standards for water
resistance in the seams of the jacket.
HOLDING:
The garment in question is classifiable under subheading
6202.93.5010, HTSUSA, Women's or girl's overcoats, carcoats,
capes, cloaks, anoraks (including ski-jackets)...Anoraks..., Of
manmade fibers, Other, Other, Other, with a duty rate of 29.5
percent and subject to visa category 635.
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, 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.
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Due to the changeable nature of the statistical annotation
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.
NYRL 826951 is hereby affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: A.DS. N.Y., Seaport
DRRimmer library/peh
name: 082074