CLA-2 CO:R:C:G 085196 CMR 843192
Beth Brotman, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004
RE: Classification of a men's jacket from the People's Republic of
China under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)
Dear Ms. Brotman:
This ruling is in response to your submission of July 10, 1989,
on behalf of Amerex of California, Corporation, requesting the
classification of a men's jacket from the People's Republic of China.
FACTS:
A sample jacket was submitted for review. The sample, style
99015/99415, is a men's hip-length, cold-weather jacket with a 65
percent polyester/35 percent cotton woven outershell, a 100 percent
cotton woven lining and a nonwoven polyester filling. The woven
lining is quilted to the nonwoven polyester filling. The garment
features long sleeves with two grommets under each arm and 100
percent acrylic knit cuffs, a full-front opening with a zipper
closure covered by a placket with five snap closures along its
length, a stand-up outer collar with a zippered compartment
containing a nylon hood with a drawstring threaded through the collar
to adjust the fit, a stand-up inner collar lined with 100 percent
acrylic knit fabric, two large front pockets each having flaps with a
Velcro-like closure at the top and zipper closures on the side
creating separate front pockets, zippered slant pockets at the waist,
and a drawstring waistband with cord locks.
You claim in your submission that the outershell fabric has a
plastics application on its inner surface making the garment "water
resistant" as defined by Additional U.S. Note 2, Chapter 62, HTSUSA.
No laboratory report was submitted, however, to support this
assertion.
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ISSUE:
Is the submitted garment classifiable under the provision for
anoraks (including ski jackets), windbreakers, and similar garments,
in subheading 6201.93.3000, 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 garment at issue here appears to have a fairly average
amount of nonwoven polyester filling. Where a garment has a normal
(or less than normal) weight nonwoven insulating layer, that
insulating layer will be disregarded in determining the classifica-
tion 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
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)
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Since normal linings fall within the category of "mere
trimming", and the nonwoven insulating lining in the garment at issue
is no heavier than would normally be found in a jacket, the nonwoven
lining does not affect the classification of the subject garment.
Additionally, the Subheading Explanatory Note to the General
Explanatory Notes to Chapter 62, Section XI, provides:
Classification of articles made from quilted textile products in
the piece of heading 58.11
Articles made from the quilted textile products in the
piece of heading 58.11 are to be classified within the
subheadings of the headings of the Chapter under the provisions
of Subheading Note 2 to Section XI. For the purposes of their
classification, it is the textile material of the outer fabric
which gives these articles their essential character. This
means that where, for example, a man's quilted anorak has an
outer fabric of 60% cotton and 40% polyester, the garment falls
in subheading 6201.92. It should be noted that, even if this
outer fabric by itself falls in heading 59.03, 59.06 or 59.07,
the garment does not fall in heading 62.10.
Since the woven lining is quilted to the nonwoven polyester
filling, the above stated Subheading Explanatory Note applies. In
light of that note, the garment is not classifiable in heading 6210,
but is classified in heading 6201 according to the textile material
of its outer fabric.
HOLDING:
Provided the garment at issue meets the water resistance test
specified in U.S. Note 2, as has been claimed, it is classifiable
under the provision for men's anoraks (including ski jackets),
windbreakers, and similar garments, of man-made fibers, other, water
resistant, in subheading 6201.93.3000, HTSUSA, textile category 634,
dutiable at 7.6 percent ad valorem.
However, if the garment fails to meet the water resistance test
specified in U.S. Note 2, it is classifiable under the provision for
men's anoraks (including ski jackets), windbreakers, and similar
garments, of man-made fibers, other, other, in subheading
6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent
ad valorem.
Your sample 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
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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