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HQ 085236


November 14, 1989

CLA-2 CO:R:C:G 085236 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010

Margaret R. Polito, Esquire
Coudert Brothers
200 Park Avenue
New York, New York 10166

RE: Classification of a Certain Woman's Jacket

Dear Ms. Polito:

This ruling is in response to your letter of July 14, 1989, concerning the classification of a polyfill woman's jacket.

FACTS:

The jacket, style 9936, will be manufactured in Taiwan by Elevation Spinners and imported through the port of Providence. Rhode Island, by Fieldston Clothes, Inc.

The sample, a long sleeve short length woman's jacket with full front opening secured by snaps, knit cuffs, and an elasticized waistband, has a woven black nylon outershell with contrasting colored stripes on the sleeves, the shoulders, across the back area, and along the slanted pocket openings. The lining is made of a woven nylon fabric that has been quilted to a light weight nonwoven man-made fiber (polyfill) layer, stated to weigh six ounces. Neither the lining nor the outershell appear to be impregnated, coated, covered or laminated with plastics material.

ISSUE:

The issue presented is whether the submitted sample is classifiable under a provision for anoraks (including ski jackets), windbreakers, and similar garments, in Subheading 6202.93.5010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), or, due to the presence of the polyfill, under the provision for anoraks (including ski jackets), windbreakers, and similar articles, made up of a nonwoven fabric of Heading 5603, HTSUSA, in Subheading 6210.50.1020, HTSUSA.

LAW AND ANALYSIS:

In our ruling of June 13, 1989, file 083721, a jacket with a heavy nonwoven fabric insulating layer was determined to be classifiable in Subheading 6210.40.1020, HTSUSA, which provides for other men's or boys' garments of man-made fibers, made up of fabrics of (in this case) Heading 5603. This result was obtained because the heavy nonwoven fabric contributed significantly to the garment and, therefore, could not be ignored. Note that in view of the classification, 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 are informed that a normal nonwoven insulating layer weighs 8 ounces per square yard.

The distinction between the jacket which was the subject of HRL 083721 and the instant jacket is that the polyfill in the subject garment is not very heavy. Where a garment has a normal (or less than normal) weight nonwoven fabric insulating layer, that insulating layer will be disregarded in determining the classification 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 (the 4 and 6 digit headings), 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 [sic], 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 [sic] and feathers, respectively), or failing that, according to the General Interpretive Rules. (at pg. 848)

Since normal linings fall within the category of "mere trimming", and the instant nonwoven insulating lining in the subject jacket is no heavier than would normally be found in a jacket, it does not affect the classification of that garment.

One additional aspect of HRL 083721 requires further clarification. The nonwoven insulating layer in the garment that was the subject of that ruling was quilted to the lining in the same manner as the nonwoven polyfill fabric is quilted to the lining in the instant garment. In HRL 083721 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, as stated above, 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 and a modification of that ruling will be issued.

HOLDING:

The instant garment is classifiable under the provision for other women's anoraks (including ski jackets), windbreakers, and similar articles, of man-made fibers, in Subheading 6202.93.5010, with duty, as a product of Taiwan, at the 1989 rate of 29.5 percent ad valorem. The designated textile and apparel category for that subheading is 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, 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

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