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HQ 087163


January 22, 1990

CLA-2 CO:R:C:G 087163 DRR x-ref 851358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 80 Broad Street
New York, New York 10004

RE: Waterproof garment, request for modification of Los Angeles District Ruling Letter 847531

Dear Ms. Shira:

This is in reference to your letter dated April 6, 1990, requesting the modification of ruling letter 847531, dated December 26, 1989.

FACTS:

The merchandise at issue is represented by a women's reversible jacket style Nos. 36032 and 86039, of woven man- made fibers from Hong Kong. The garment has a full front zipper opening, long sleeves with cuffs secured by a snap button, an elasticized waist, a stand-up collar with a drawstring and slant pockets. One side of the jacket is made of 65 percent polyester and 35 percent cotton fabric. The other side is made of 100 percent nylon fabric. The inner surface of the outer shell fabric appears to have been coated with polyurethane. Ruling letter 847531, dated December 26, 1989, classified the garment in subheading 6202.93.5010, HTSUSA, with a duty rate of 29.5 percent ad valorem and subject to visa category 635. In your request for reconsideration, you state that the garment is water- resistant, but that a non-coated sample was inadvertently submitted with the original request. Your request for reconsideration is accompanied by a different sample, the fabric of which has been coated, which you state is the correct sample. In light of the fact that the Los Angeles District Office correctly classified the article submitted at that time and your request of April 6, 1990, involves a different article, it will be treated as a de novo request for classification pursuant to 19 C.F.R. 177.

ISSUE:

Whether the garment at issue is classifiable in subheading 6202.93.5010, HTSUSA, or subheading 6202.93.4500, 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, among other things, women's jackets and anoraks. Subheading 6202.93.4500, HTSUSA, provides for women's or girl's overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets)...anoraks..., of manmade fibers, other, water resistant. Subheading 6202.93.5010, HTSUSA, provides for women's or girl's overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets)...anoraks..., of manmade fibers, other, other, women's.

Additional U.S. Note 2, Chapter 62, states that "water resistant" means that garments classifiable in certain subheadings (including subheading 6202.93.4500) must have a water resistance such that, under a head pressure of 600 millimeters, not more than 1 gram of water penetrates after two minutes when tested in accordance with AATCC Test Method 35-1985. This water resistance must be the result of a rubber or plastics application to the outer shell, lining or inner lining. The second sample garment was tested by the Custom's laboratory and was found to meet the required standards for water resistance.

HOLDING:

The garment in question, the inner surface of which is coated with plastic, is classified under subheading 6202.93.4500, HTSUSA, with a duty rate of 7.6 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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