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HQ 082074


November 15, 1989

CLA-2 CO:R:C:G DRR 082074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

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.

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.

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

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