HQ 0088770 - Modification of NYRL 855843-- Classification of a Snowmobile Suit Made of Leather and Water Resistant Textile Components - United States International Trade Commision Rulings

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HQ 088770

May 31, 1991

CLA-2 CO:R:C:T 088770 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000, 6201.93.3510, 6203.43.1500 6203.43.2005

Mr. Germain Fortier
Drospo, Inc.
143, rue Industrielle
Lac-Drolet
Quebec, Canada
GOY 1CO

RE: Modification of NYRL 855843-- Classification of a Snowmobile Suit Made of Leather and Water Resistant Textile Components

Dear Mr. Fortier:

This is in reply to your letter of November 22, 1990, resubmitting a two-piece snowmobile suit to Customs for a determination of the correct classification applicable to those garments. Previously, NYRL 855843, dated September 19, 1990, ruled that the garments were classifiable separately, the jacket under the provision for other men's anoraks, windbreakers, and similar articles, of man-made fibers, in subheading 6201.93.3510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), and the overalls under the provision for other men's bib and brace overalls, insulated for cold weather, of synthetic fibers, in subheading 6203.43.2005, HTSUSA. Our ruling on the matter follows.

FACTS:

A sample snowmobile suit was submitted and a detailed description of the suit was given in NYRL 855843. That description was correct except that it was assumed the leather and textile portions were pieced together, thus preventing the garments from meeting the water resistant requirements of Chapter 62 Additional U.S. Note 2, HTSUSA. The importer has informed us, and we have confirmed, that the leather portions on the garment are overlaid on the textile fabrics.

ISSUE:

The inquirer believes that the instant merchandise should be classified under provisions for water resistant garments, the jacket in subheading 6201.93.3000, HTSUSA, and the overalls in 6203.43.1500, HTSUSA. Accordingly, the only issue presented by this inquiry is whether the garment qualify as water resistant, as that term is defined by Chapter 62 Additional U.S. Note 2.

LAW AND ANALYSIS:

For the purposes of certain specified subheadings (including 6201.93.30 and 6203.43.15), Additional U.S. Note 2, Chapter 62, provides;

[T]he term "water resistant" means that garments classifiable in those subheadings must have a water resistance (see ASTM designations D 3600-81 and D 3781-79) such that, under a head pressure of 600 millimeters, not more than 1.0 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.

It has been requested that Customs test the garments to determine whether they pass the test stated in Chapter 62 Additional U.S. Note 2. It is our policy not to test garments for water resistance where those garments are the subject of prospective transaction ruling requests. In addition to straining the resources of our laboratory and providing importers with a service that they may obtain for a fee from a private laboratory, the results of any such testing do not guarantee that the imported merchandise will be made from the identical fabric and with the identical plastics application. Accordingly, in situations such as this, we will issue alternative classifications.

HOLDING:

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to Section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), NYRL 855843 is modified to reflect the following:

If the two garments comprising the snowmobile suit are "water resistant" within the purview of Chapter 62 Additional U.S. Note 2, they are classifiable separately, the jacket under the provision for men's water resistant anoraks, windbreakers, and similar articles, of man-made fibers, in subheading 6201.93.3000,HTSUSA, and the overalls under the provision for men's water resistant bib and brace overalls, of synthetic fibers, in subheading 6203.43.1500, HTSUSA. Each garment is dutiable, as a product of Canada, at the rate of 5.3 ad valorem. The designated textile and apparel category applicable to the jacket is 634 and the designated textile and apparel category applicable to the overalls is 659.

If the two garments comprising the snowmobile suit are not "water resistant" within the purview of Chapter 62 Additional U.S. Note 2, they are classifiable separately, the jacket under the provision for men's anoraks, windbreakers, and similar articles, of man-made fibers, in subheading 6201.93.3510, HTSUSA, with duty, as a product of Canada, at the rate of 20.6 percent ad valorem, and the overalls under the provision for men's bib and brace overalls, of synthetic fibers, insulated for cold weather protection, in subheading 6203.43.2005, HTSUSA, with duty, as a product of Canada, at the rate of 11.9 percent ad valorem. The designated textile and apparel category applicable to the jacket is 634 and the designated textile and apparel category applicable to the overalls is 659.

The above classifications are effective with the date of this letter. If, after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you may have with respect to this matter. Any submission you wish to make should be received within 30 days of the date of this letter.

This modification is not retroactive. However, NYRL 855843 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e. merchandise previously ordered and arriving in the United States subsequent to this modification will be classified accordingly. If it can be shown that you relied on NYRL 855843 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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, 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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