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HQ 087317


February 7, 1991

CLA-2 CO:R:C:T 087317 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010

Stephen M. Zelman, Esq.
271 Madison Avenue
New York, New York 10016

RE: Classification of a women's woven jacket

Dear Mr. Zelman:

This ruling is in response to your submission of March 27, 1990, on behalf of Russ Togs, Inc., requesting the classification of a women's woven jacket, style #90375. The jacket will be imported from Korea through the New York Seaport. A sample was received by this office.

FACTS:

The garment at issue is a women's woven jacket, style no. 90375, which extends slightly below the waist. The jacket has a full front opening secured by a heavy-duty plastic zipper and a placket which closes over the zipper and is secured by five metal buttons. The jacket also has two buttoned chest pockets with flaps, two slash pockets above the waist, a roll-up hood which may be concealed in the collar, long sleeves without cuffs, tab adjustments at the lower portion of the sleeves, and elastic and a drawstring with cord locks at the waist. The shell and lining are 100 percent nylon with the lining quilted to a nonwoven polyester filling.

The garment's lining fabric has an application of a plastics material. The garment is not fully lined with the quilted lining. In the front of the garment, on either side of the zipper, there is a strip of shell fabric attached to the interior creating a two-and-one-quarter inch gap in which the garment is not lined with the coated lining. This gap extends from the neckline to the waist when the zipper is closed. Additionally, the coated lining ends at about the waist, whereas the shell, interlining and a self-fabric lining continue approximately seven-and-one-quarter inches further down.

ISSUE:

Is the subject garment classifiable as a water resistant garment?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The garment at issue is classified under heading 6202, HTSUSA, which provides for, among other things, women's anoraks, wind-breakers and similar articles. The issue is whether it can be classified as water resistant.

A portion of the quilted lining fabric was tested by Customs and failed to meet the water resistance test set out in Additional U.S. Note 2, Chapter 62. Therefore, this office requested another sample of the lining fabric, not quilted, so that it could be tested. The latter sample passed the test.

Examination of the garment reveals that a significant portion is not lined with the water resistant fabric. The portion of the garment below the waist and a large segment on the front are lined with the same fabric which forms the outershell of the garment.

Additional U.S. Note 2, Chapter 62, states in pertinent part, "the term `water resistant' means that garments . . . must have a water resistance . . . ." (bold added). Due to the extensive area of the garment not lined with the water resistant fabric, we cannot consider the "garment" to be water resistant.

HOLDING:

The garment at issue, style #90375, is classifiable in subheading 6202.93.5010, HTSUSA, which provides for other women's anoraks and similar articles of man-made fibers. The garment falls within textile category 635 and is subject to a duty rate of 29.5 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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