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HQ 086440


February 20, 1990

CLA-2 CO:R:C:G 086440 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010

Mr. Steven Papier
H.Z. Berstein Co., Inc.
One World Trade Center, Suite 1973
New York, New York 10048

RE: Classification of polyester lined garments

Dear Mr. Papier:

This is in reference to your letter dated January 12, 1990, on behalf of Saxton Hall Ltd., requesting the classification of two women's polyester filled garments, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by two women's woven outerwear garments of man-made fibers from Taiwan. Both styles have woven outershells of 65 percent polyester/35 percent cotton, woven nylon linings and interlinings of nonwoven polyester quilted to the lining.

Style 2045 is three quarters length. It has a full front zipper opening partially covered by a textile flap, long sleeves with snap cuffs, draw strings at the top of the collar, and front pockets with snaps. Style 3045 is hip length with a full front zipper, elasticized bottom edge and cuffs, and slant pockets at the waist. In your letter you indicate that the inner linings of the garments weigh nine ounces per square yard. You further state that you believe that the garments are properly classified in heading 6210.

ISSUE:

Whether the garments at issue are classifiable in heading 6210, HTSUSA, or heading 6202, 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. Heading 6202, HTSUSA, provides for women's or girl's overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets). The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes for Chapter 61 state that the classification of goods in that chapter is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, feather, leather, plastics or metal. The Explanatory Notes for Headings 6117 and 6217 contain a partial listing of articles considered to be "parts" and "accessories." The listing includes linings, pockets, collars, and cuffs. Headquarters Ruling Letter (HRL) 085196, dated November 2, 1989, held that polyester fillings weighing eight ounces or less per square yard would not effect the classification of the garment. However, a heavy nonwoven lining may be found to contribute significantly to the garment. (See, for example, HRL 083721, dated June 13, 1989.)

Heading 6210, HTSUSA, provides for garments made up of fabrics of heading 5602, 5603, 5906 or 5907. The Subheading Explanatory Note to Chapter 62 states that articles made from the quilted textile fabric in the piece of heading 5811 are to be classified by their outer fabric and that, even if the outer fabric is a fabric of 5903, 5906 or 5907, the garment is not classified in heading 6210. Heading 5811 provides for quilted textile products in the piece, composed of one or more layers of textile materials assembled with padding by stitching or otherwise, other than embroidery of heading 5810. In light of this Explanatory Note, the significance of the weight of the lining of the garment in question need not be established.

HOLDING:

The garments in question are classifiable under subheading 6202.93.5010, HTSUSA, Women's or girl's overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), of manmade fibers, other, other, women's, with a duty rate of 29.5 percent ad valorem 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.

Sincerely,

John Durant, Director

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