CLA-2 CO:R:C:G 085236 PR
Ms. Mary Ann Ost
H.Z. Bernstein Co., Inc.
One World Trade Center, Suite 1973
New York, New York 10048
RE: Classification of a Padded Jacket--Modification
of HRL 083741
Dear Ms. Ost:
This is in regard to our ruling to you of June 13, 1989, HRL
083721, on behalf of Overseas Fashion Industries, Inc., in which
a man's padded jacket, style 90/9317, was classified under a
provision for other men's or boys' garments made up of fabrics of
Heading 5603, anoraks (including ski jackets), windbreakers, and
similar garments, in Subheading 6210.40.1020, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). We have had
occasion to review that ruling and have determined that it is in
error.
FACTS:
The garment was described as follows:
A single sample (men's style 90/9317) was received by
this office. The sample is a man's short-length cold
weather jacket. It has long sleeves with elasticized cuffs;
an elasticized waist; a full front opening secured by two
zipper closures (the inner one extends from waist to neck
and the outer one from waist to the collar ends); and two
side inserted pockets with zipper closures. The outer shell
is made from three separate fabrics--the raglan sleeves from
a blue fabric; the upper body of the garment, front and
back, from a green fabric; and the lower body of the
garment, front and back, from a grey fabric. All three are
woven man-made fiber fabrics that are stated to have a 600
millimeter polyurethane coating on their inner surface. The
plastics coating is clearly visible under 15X magnification,
but cannot be seen with the naked eye. The woven man-made
-2-
fiber lining is quilted to a heavy nonwoven man-made fiber
fabric insulating layer which forms the middle layer in the
garment. The fabrics originate in Korea and are shipped to
Bangladesh where the garments are manufactured.
ISSUE:
HRL 083721 concluded that the subject garment was
classifiable in Heading 6210. The issue presented in our review
of the that ruling is whether the nonwoven fabric batting in the
garment should have caused the garment to be classifiable in
Heading 6210, HTSUSA, as a garment made up of fabric of Heading
5603.
LAW AND ANALYSIS:
A repeat of the analysis contained in HRL 083721 is not
necessary. The nonwoven insulating layer in the garment that was
the subject of that ruling was quilted to the lining, however, no
reference was made to the Chapter 62 Subheading Explanatory Note
(at page 849) which specifically states that articles made of
quilted textile products are to be classified according to the
textile fabric forming the outershell. The example is given of a
quilted anorak with an outer fabric of 60 percent cotton and 40
polyester. That garment is stated to be classifiable in
Subheading 6201.92, HTSUSA, and the statement is specifically
made that "the garment does not fall in heading 62.10."
On the basis of the Subheading Explanatory Note, which is
the official interpretation of the HTSUSA at the international (4
and 6 digit) level, HRL 083721 incorrectly classified the jacket
which was the subject of that ruling.
HOLDING:
For the reasons set out above, and in accordance with
Section 177.9, Customs Regulations, HRL 083721 is hereby modified
to reflect that the garment described therein is properly
classifiable under the provision for other anoraks (including ski
jackets), windbreakers, and similar garments, of man-made fibers,
in Subheading 6201.93.3510, HTSUSA, with duty, as a product of
Bangladesh, at the 1989 rate of 29.5 percent ad valorem. The
designated textile and apparel category for that subheading is
634.
-3-
This notice should be considered a modification of HRL
083721 under 19 CFR 177.9(D)(1). It will not be applied
retroactively. However, for the purposes of future
transactions, HRL 083721 will not be valid. We recognize that
pending transactions may be adversely affected by this ruling.
If it can be shown that you have, to your detriment, relied on
HRL 083721, e.g. ordered merchandise after the receipt of HRL
083721 which will be imported after the date of this ruling, you
may notify this office and apply for relief from the effects of
this modification and reclassification.
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.
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 importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Sincerely,
Harvey B. Fox, Director
Office of Regulations and Rulings