HQ 0086267 - Coverall designed for severe weather conditions with outer shell coated from the inside with visible plastics application is classifiable in heading 6210. - United States International Trade Commision Rulings

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HQ 086267

February 5, 1990

CLA-2 CO:R:C:G 086267 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1040

Ms. Debora J. Steiner
McClary, Swift/Harper Robinson
21400 Highway 99S
Seattle, WA 98198

RE: Coverall designed for severe weather conditions with outer shell coated from the inside with visible plastics application is classifiable in heading 6210.

Dear Ms. Steiner:

This is in reply to your letter of October 20, 1989, concern ing the tariff classification of a jump suit, produced in Norway, under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). Please reference your client Svino Enterprises.

FACTS:

The merchandise at issue consists of an insulated coverall. The outer shell is composed of 100% woven nylon, International Orange in color. It has a woven inner lining quilted to a nonwoven man-made filling. The garment contains a front zipper opening spanning neck to crotch, a storm flap over the zipper, a Velcro- like closure on the lower portion of the storm flap, slant, zippered front hip pockets, rear and breast patch pockets with flaps, a patch pocket on the left leg, a non-detachable hood with 2-snap closure, and an elasticized waist. Our laboratory has determined that the outer shell has upon it a coating of polyure thane plastics, applied from the inside. You state that the garment is 100% waterproof, windproof, and fully insulated for severe weather conditions. The garment has been specifically designed for fisherman and other workers in the "Aquaculture [sic.]" (hydroponics) and "Mariculture" (cultivation of marine organisms in their natural habitats) industries. You also state that the garment was also used by the U.S. Coast Guard, and by crews on other vessels, to clean the Prince William Sound after the
Exxon|-Valdez disaster.

ISSUE:

Whether the garment is classifiable in heading 6210, HTSUSA? LAW AND ANALYSIS:

Heading 5903, HTSUSA, provides for classification of textile fabrics impregnated, coated, covered or laminated with plastics, other than tire cord covered by Heading 5902.

Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:

Heading No. 59.03 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, ... other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of colour; * * *

The wording of Note 2(a)(1) ("cannot be seen with the naked eye") is a clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a fabric for it to be considered "impregnated, coated, covered or laminated. The plastics material added to the fabric must be visibly distinguishable from that fabric without the use of magnification. Any change in the "feel" of the material is not taken into account. In essence, the plastics coating must alter the visual characteristic of the fabric in order for the fabric to be considered coated with plastics.

Applying the statutory test to the submitted samples, using normally corrected vision in a well lighted room, it is our opinion that the shell fabric has a sufficient coating to be visible to the naked eye. The plain weave of the nylon is not as apparent after the plastics application, and in some areas is not visible at all. The shell fabric is therefore a fabric of heading 5903, HTSUSA.

Heading 6210, HTSUSA, provides for garments made up of fabrics of, inter alia, heading 5903. In HRL 081134 of April 27, 1989, we stated that

[t]he term "made up" is defined in Section XI, note 7, which includes articles which are (e) assembled by sewing, gumming or otherwise. Note 7 does not further define the above, so the Explanatory Notes, which constitute the official interpretation of the tariff at the international level, are utilized. In the General Explanatory Notes, part II, at page 714, it is noted that the term "made up" articles, assembled by sewing, gumming or otherwise, includes garments. Without further express limitation to the term "made up", heading 6210 is interpreted to cover any assembled garment which includes a material classifiable in one of the enumerated head ings, and which imparts a significant charac teristic to that garment. [It is clear in the instant matter that the PU portion of the outer shell, covering the majority of the surface area and providing protection from inclement weather, imparts such a significant characteristic.]
Chapter 62, note 5 states that "garments which are, prima facie, classifiable both in Heading 6210 and in other headings of this chapter, excluding Heading 6209, are to be classified in Heading 6210." Even though the instant [merchandise is provided for] ... in heading [6211] ..., they are, nevertheless, classifiable in Heading 6210, "garments, made up of fabrics of heading 5903...." Thus, they are classified according to General Rule of Interpretation (GRI) 1, in Heading 6210.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6210.50.1040, HTSUSA, textile category 659, as garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other women's or girls' garments, of man-made fibers, other, overalls and coveralls. 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 negotiations 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 re straint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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