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HQ 085544


October 30, 1989

CLA-2 CO:R:C:G 085544 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49TH Street
New York, NY 10017

RE: Classification of Woman's Jackets

Dear Mr. Wortman:

This is in reply to your letter of August 8, 1989, concerning the tariff classification of woman's jackets, produced in Korea, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). Please reference your client E .L.C. Corp., 89-2647-

FACTS:

The merchandise at issue consists of two women's 100% woven trilobal nylon jackets, styles 8007 and 8008, with a polyurethane coating on the inner surface, and a man-made, nonwoven fiber filling. You have stated that the garment linings weigh 6 ounces per square yard in the body, and 4 ounces per square yard in the sleeves. Each style reaches to the waist, and contains a full-front opening which zippers to the top of the collar, zippered slant pockets at the waist, and an elasticized waistband and cuffs.
You have also submitted a copy of a laboratory report testifying to the fact that the garments are considered water resistant within the definition set forth in Additional
U.S. Note 2 to Chapter 62, HTSUSA. For the purposes of this ruling letter, we assume this to be true.

ISSUE:

Whether the garments are classifiable, as garments made up of fabrics of heading
5603, in heading 6210, HTSUSA?
LAW AND ANALYSIS:

Heading 6202, HTSUSA, provides for, inter alia, women's or girls' anoraks and similar articles, including ski-jackets. Heading 6210, HTSUSA, provides for, inter alia, garments made up of fabrics of heading 5603 (nonwovens). The General Rules of
Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

Subheading Note 2 to Section XI, HTSUSA, provides, in pertinent part:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

(B) For the application of this rule:

(a) Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account.

Note 2(A), Section XI, to which Subheading Note 2(A) refers, provides:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other textile material.

In applying the Section Note, we have stated that:

Subheading Note 2(A) is dependent on the application of Section XI
Note 2(A). The subheading note states that the classification of textile garments and articles will be governed by the textile material selected under the section note. However, the section note is directed towards the classification of yarns and fabrics which are a "mixture" of two or more textile materials. According to the
Harmonized Commodity
Description and Coding System, Explanatory Notes, at page 705 . . ., textile materials may be mixed:

-prior to or during spinning;

-during twisting;

-during weaving.
Accordingly, the mixture of textile materials contemplated in the section note is not a mixture of two or more separate fabrics. Before the subheading note, which is predicated on the section note, can be utilized, it must first be determined to which of the fabrics comprising the article the section note (and, therefore, the subheading note) applies. The garment[s] in question [are] made of [several] fabrics.
If those fabrics were imported together in fabric form, Section XI Note
2(A) would not require that the weights of their components be compared and that classification be according to the textile material which predominates. Rather, they would be classifiable as separate fabrics. Therefore, where separate fabrics are combined to form a textile garment or article [as in the instant matter], GRI 3 is utilized first to select which fabric [(and which part of the garment that fabric comprises)] will determine classification.

HRL 084012 PR of June 12, 1989.

Accordingly, where the instant garments contain parts or accessories that materially contribute to their character or usefulness, those parts or accessories must be con sidered along with the outer shell in determining the applicable classification. Following
Subheading Note 2(B)(a) to Section XI, GRI 3 is consulted to determine which portions of the garment are to be considered in applying Subheading Note 2

The question of whether a nonwoven interlining is considered when classifying a jacket was recently addressed. In HRL 085149 PR of October 3, 1989, we stated:

In our ruling of June 13, 1989, file 083721, a jacket with a heavy nonwoven fabric insulating layer was determined to be classifiable in
[heading 6210]. 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 Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. The General Explanatory Note to Chapter 62 states that "[t]he classification of goods in this Chapter is not affected by the presence of parts or accessories ..." of various materials, unless "the presence of such materials constitutes more than mere trimming...." Since normal linings fall within the category of "mere trimming," the 6 ounce nonwoven lining does not affect the classification of the instant garments.
HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading
6202.93.4500, HTSUSA, textile category 635, as women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (includ ing padded, sleeveless jackets), other than those of heading 6204 , anoraks (including ski-jackets), windbreakers and similar articles (including padded , sleeveless jackets), of man-made fibers, other, other, other, water resistant. The applicable rate of duty is 7.6 percent ad valorem.

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.

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,

John Durant, Director
Commercial Rulings Division

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