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HQ 089385


September 11, 1991

CLA-2 CO:R:C:T 089385 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510

Milica R. Rodriquez
Pamela L. Sentz
647 West Virginia Street
Milwaukee, WI 53204

RE: "Wader jacket" similar to an anorak; Additional U.S. Note 2, Chapter 62; water resistant.

Dear Ms. Rodriquez:

This is in reply to your letter of May 13, 1991, on behalf of Rainfair, Inc., in which you requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise in question is an unlined man's anorak-type "wader" jacket, style RF23, made from plain weave nylon fabric, one side of which has been treated with an application of polyurethane. The sample is waist length and has elasticized cuffs, a tunneled drawstring at the waist, a full front zipper opening, a permanently attached hood with chin warmer flaps and a hook and loop closure, front pockets and front and back yokes.

The sample jacket differs from the article described in the specification sheet submitted with the ruling request in that, for example, it is made from plain weave fabric whereas the specifications call for twill weave fabric. The imported jackets will be made in Germany or Thailand.

ISSUE:

The issues presented are (1) whether the jacket in question is coated with plastics such that it is classifiable as a garment made up of fabric of heading 5903; and if not, (2) whether the jacket meets the water resistance test of Additional U.S. Note 2, Chapter 62, HTSUSA.

LAW AND ANALYSIS:

Two headings are potentially applicable to the merchandise in question: heading 6210, HTSUSA, which provides, inter alia, for garments made up from fabrics of heading 5903; and heading 6201, HTSUSA, which provides, inter alia, for men's or boys' anoraks, windbreakers and similar articles.

In order to be classifiable in heading 6210, a garment must be made up of a fabric of heading 5903, i.e., it must be coated, covered, impregnated or laminated with plastics. The fabric of the jacket in question is made has been coated with polyurethane. However, the scope of heading 5903 is restricted by Note 2(a)(1), Chapter 59, HTSUSA, which states that in order for a fabric to be considered coated for tariff purposes, the coating must be visible to the naked eye. In this instance, the coating has not visually altered the surface character of the fabric. Since there is nothing to indicate the presence of a coating, Customs does not consider the jacket to be made up from fabric of heading 5903 and consequently, it is not classifiable in heading 6210.

Heading 6201, HTSUSA, provides for, inter alia, men's or boys' anoraks, windbreakers and similar articles. The jacket is made from nylon and is similar to an anorak or a windbreaker; accordingly, it is classifiable in heading 6201. Within this heading there is a subheading provision (6201.93.30) for water resistant garments of man-made fibers. The term "water resistant" is defined by Additional U.S. Note 2, Chapter 62, HTSUSA, as follows:

For the purposes of subheadings...6201.93.30..., the term "water resistant" means that garments classifiable in those subheadings must have a water resistance (see ASTM designations D 3600-81 and D3781-79) 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.

If the wader jacket at issue meets the water resistance test set forth in Additional U.S. Note 2, Chapter 62, it is classifiable in subheading 6201.93.30. The imported jacket will be subject to testing.

HOLDING:

If water resistant, the jacket in question is classifiable in subheading 6201.93.3000, HTSUSA, under the provision for anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets); of man-made fibers; other; other; other; water resistant. Articles classifiable in this subheading are dutiable at the rate of 7.6 percent ad valorem and are subject to textile quota category 634.

If not water resistant, the jacket is classifiable in subheading 6201.93.3510, HTSUSA, under the provision for anoraks including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets); of man-made fibers; other; other; other; other; men's. Articles classifiable in this subheading are dutiable at the rate of 29.5 percent ad valorem and are subject to textile quota category 634.

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.

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,


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