United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085184 - HQ 0085250 > HQ 0085196

Previous Ruling Next Ruling


HQ 085196


November 2, 1989

CLA-2 CO:R:C:G 085196 CMR 843192

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3510

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.

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)

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
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

Previous Ruling Next Ruling

See also: