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HQ 088525


May 21, 1991

CLA-2 CO:R:C:T 088525 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6202.93.5010, 6102.30.2010

Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: Reconsideration of NYRL 858869 of January 7, 1991; Classification of a women's knit jacket/woven jacket set; Two-piece jacket set

Dear Ms. Dugan:

This ruling is in response to your letter of January 23, 1991, requesting reconsideration of NYRL 858869 of January 7, 1991. In that ruling, a women's jacket, style 1837, consisting of an outer component and an inner component was classified as consisting of two garments which received separate classifications. A sample was received in this office for our consideration.

FACTS:

The garment or garments at issue, style 1837, consists of an outer component and an inner component which are zippered together along the front edges to form a jacket. You state the components (or outer shell and lining) are imported as one garment, a water-resistant jacket with a zip-out lining. The jacket will be merchandised as one garment, priced as one garment and is intended to be worn as one garment although the outer shell and lining could be worn separately.

The outer component is constructed with an outer shell of 100 percent nylon woven fabric reported to be coated with polyurethane rendering the garment water resistant. The outer component is lined with woven nylon fabric. It features a full front opening with a heavy-duty zipper closure and an over- lapping flap with seven snaps covering the zipper area. The component has two zippered front pockets at the waist, long sleeves with cuffs featuring adjustable hook-and-loop fasteners, a partially elasticized waistband, a stand-up collar with two
snaps, and an inner zipper track which connects with the inner component zipper enabling the two articles to become a single article.

The inner component is made of 100 percent spun polyester polar fleece fabric. It has a full front opening with a heavy- duty reversible zipper closure, long sleeves with acrylic rib knit cuffs, acrylic rib knit waistband, a stand-up collar with nylon woven trim and two front pockets at the waist. Each sleeve has a small elastic loop at the cuff seam which is used to button the sleeve to the inside of the outer component sleeve when the garments are attached.

When attached, the inner component serves as a cold-weather liner for the outer component. The reversible zipper on the inner component, however, allows for ease of separating the articles and use of the inner component separately.

Style 1837 will be imported from Hong Kong.

ISSUE:

Is style 1837 classifiable as one garment or as two garments?

Is style 1837 classifiable as a composite good or as a set?

How should style 1837 be labeled?

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]."

You have suggested consideration of style 1837 as a composite good. Note 13, Section XI, HTSUSA, compels classification of textile garments of different headings in their own headings even if put up in sets for retail sale, unless the context otherwise requires. Note 13, Section XI, requires separate classification of garments and following the language of GRI 1, the legal note takes precedence over the GRIs. Therefore if we determine that the inner component, or lining, is a garment, it and the outer component must be separately classified.

After examining the submitted sample, we believe (despite your claim that although the inner and outer components "could"
be worn separately, they are not "intended" for such use) the inner and outer components are designed for separate use as well as for use together.

Features of the inner component, such as the rib knit cuffs and waistband, the stand-up collar with trim and the front pockets at the waist, are features normally associated with outerwear garments. The pockets are useless unless the component is worn alone as a jacket. Additionally, the elastic loops on the sleeves, which are used to attach them to the outer component, are very small and unobtrusive. They are hardly noticeable on the garment.

Although the two components of style 1837 are attached at the time of importation and they are merchandised, priced and sold as one garment, for tariff purposes we recognize the components as two separate garments adapted to one another so as to be capable of use together or individually. See, HRL 086879 of June 8, 1990, and HRL 085149 of October 3, 1989.

As we have determined that style 1837 consists of two separate garments adapted one to the other for simultaneous as well as individual use, each garment should be separately marked in compliance with the marking requirements of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). That section requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. Additional labeling requirements are applicable to textile products under the Textile Fiber Products Identification Act (15 U.S.C. 70).

A label securely and conspicuously affixed to each jacket indicating the country of origin will satisfy the requirements of 19 U.S.C. 1304.

HOLDING:

Each component of style 1837 is considered a garment for tariff purposes and thus, each is separately classified. NYRL 858869 of January 7, 1991, is affirmed.

The outer woven jacket is classified under the provision for women's woven anoraks, windbreakers and similar articles of man- made fibers in subheading 6202.93, HTSUSA. If the jacket passes the water resistance test specified in U.S. Note 2, Chapter 62, then it is classifiable as water resistant in subheading 6202.93.4500, HTSUSA, textile category 635, dutiable at 7.6
percent ad valorem. If the outer jacket fails to pass the water resistance test, then it is classifiable in subheading 6202.93.5010, HTSUSA, textile category 635, dutiable at 29.5 percent ad valorem.

The inner knit jacket is classified under the provision for women's knit or crocheted anoraks, windbreakers and similar articles of man-made fibers in subheading 6102.30.2010, HTSUSA, textile category 635, dutiable at 30 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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