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HQ 081994


November 2, 1989

CLA-2 CO:R:C:G 081994 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510; 4202.92.3030

Ms. Saralee Antrim
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: Request for classification of jackets with carry bags

Dear Ms. Antrim:

This ruling is in response to your letter of December 4, 1987, on behalf of R. Doherty International, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a jacket with carry bag from Macau and Bangladesh.

FACTS:

Two samples were submitted for review. You have stated that the jackets are made from 100 percent woven nylon fabric with a 1000mm polyurethane plastic coating on the inner surface of the shell. Each has a full-front zippered opening, zippered slant pockets, a roll-up hood which stores in the collar, elasticized wrists and a drawstring waist. Each jacket comes with a barrel- shaped stuff bag measuring approximately nine inches long and six inches wide when flat. These bags have a drawstring closure with a lockcord on the open end.

ISSUE:

How are the jacket and bag classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

You have stated that you believe the subject garments are properly classified in Heading 6210, HTSUSA, which provides for garments, made up fabrics of heading 5602, 5603, 5903, or 5907. However, the Legal Notes to these headings state that the heading does not apply to fabrics in which the coating cannot be seen with the naked eye. Therefore, these garments are precluded from classification under Heading 6210, HTSUSA.

The subject garments would be appropriately classified in heading 6201, HTSUSA, which provides for men's or boys' overcoats, carcoats,...windbreakers, and similar articles, not knitted or crocheted. According to the information you have provided, the subject merchandise has a polyurethane waterproof coating. Additional U.S. Note 2, Chapter 62, defines water resistant garments for purposes of subheading 6201.93.30 as those that under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes. The garment you submitted as a sample has been misplaced and therefore we were unable to subject the same to any kind of testing. However, if the garment meets the water resistant requirements it would be classifiable under the provision for anoraks, windbreakers and similar articles of man-made fibers, water resistant, in subheading 6201.93.3000, HTSUSA.

GRI 5(a) provides that containers specially shaped or fitted to contain specific articles, suitable for long-term use and entered with the articles, shall be classified with such articles when of a kind normally sold therewith. In addition, pursuant to GRI 5(b), packing materials and containers are also classified with the goods if they are of a kind normally used for packing such goods and are not suitable for repetitive use. It is Customs position that the subject carrying bag is classifiable separately from the jacket because it does not meet the requirements of either GRI 5(a) or (b). The carrying bag is not specially shaped or fitted to contain the jacket and the bag is suitable for repetitive use. Therefore, the carrying bag is classifiable in Heading 4202, HTSUSA, which provides for containers of textile material.

HOLDING:

The subject "Jacket-in-Sack" garment, if "water resistant", is classifiable in subheading 6201.93.3000, HTSUSA, which provides for men's or boys' overcoats,...windbreakers and similar articles...other than those of heading 6203, of man-made fibers, other, water resistant. The rate of duty is 7.6 percent ad valorem and the textile category is 634.

Otherwise, if the garment is not "water resistant", it is classifiable in subheading 6201.93.3510, HTSUSA, which provides for men's or boys' overcoats,...windbreakers and similar articles ...other than those of heading 6203, of man-made fibers, other, other, men's. The rate of duty is 29.5 percent ad valorem and the textile category is 634.

The carrying bag is classifiable in subheading 4202.92.3030, HTSUSA, which provides for trunks...sport bags, bottle bags...of plastic sheeting, of textile materials..., with outer surface of plastic sheeting or of textile materials, other, other. The rate of duty is 20 percent ad valorem and the textile category is 670.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,


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