HQ 081134

April 27 1989

CLA-2 CO:R:C:G 081134 DSN

6210.40.1040

Gail T. Cumins, Esquire
Sharretts, Paley, Carter & Blauvelt, P.C.
Eighty Broad Street
New York, New York 10004

RE: Classification of garments made from Gore-Tex laminations. Anorak; parka; THIS DECISION REVOKED IN PART!!!!!

Dear Ms. Cumins:

This is in response to your inquiry of September 29, 1987, on behalf of W. L. Gore & Associates, Inc., concerning classification of garments containing Gore-Tex lamination, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for examination.

FACTS:

The sample garments are divided into three categories based on their construction. All samples have woven outershells.

Category 1 are garments which have an outershell laminated to Gore-Tex. The garments in this category are a knee-length "Columbia Sportswear" parka and a hooded "Sierra" ski jacket.

Category 2 are garments which have Gore-Tex laminated to the lining. The garments in this category feature a "Forrester" 2-piece golf suit and a "Marmot" suit consisting of a hooded jacket and matching pants.

Category 3 are garments which have interlinings composed of a Gore-Tex fabric. The garments in this category feature "Schoffel" nylon ski overalls, an "Obermeyer" nylon ski jacket with matching pants, and an outdoor nylon jacket.

-2-

ISSUE:

Whether the garments in question are classified under heading 6201, or heading 6210, HTSUSA.

LAW AND ANALYSIS:

Heading 5903, HTSUSA, provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902. Note 2 to Chapter 59 states that Heading 5903 applies to (a) textile fabrics, impregnated, coated, covered or laminated with plastics. Gore-Tex fabrics are produced by the lamination of a textile fabric with a sheet of expanded polytetrafluorethylene, a plastic.

Heading 6210 provides for garments, made up of fabrics of heading 5903. The term "made up" is defined in Section XI, note 7, which includes articles which are (e) assembled by sewing, gumming or otherwise. Note 7 does not further define the above, so the Explanatory Notes, which constitute the official interpretation of the tariff at the international level, are utilized. In the General Explanatory Notes, part II, at page 714, it is noted that the term "made up" articles, assembled by sewing, gumming or otherwise, includes garments. Without further express limitation to the term "made up", heading 6210 is interpreted to cover any assembled garment which includes a material classifiable in one of the enumerated headings, and which imparts a significant characteristic to that garment.

Chapter 62, note 5 states that "garments which are, prima facie, classifiable both in Heading 6210 and in other headings of this chapter, excluding Heading 6209, are to be classified in Heading 6210." Even though the instant samples are specifically described in headings providing for coats, anoraks and similar articles, and the instant pants and overalls are provided for in subheadings describing trousers and overalls, they are, nevertheless, classifiable in Heading 6210, "garments, made up of fabrics of heading 5903" by virtue of being made up of Gore-Tex fabrics. Thus, they are classified according to General Rule of Interpretation (GRI) 1, in Heading 6210.

In addition, the Explanatory Notes to Chapter 62 confirm that Heading 6210 is applicable. It states in pertinent part:

-3-

The classification of goods in this Chapter is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, feather, leather, plastics or metal. Where, however, the presence of these materials constitutes more than mere trimming the articles are classified in accordance with the relative Chapter Notes...

In tariff terms, Gore-Tex is a laminated fabric, contemplated by the terms of Section XI and Chapter 62 to become a part of a finished garment. In commercial terms, Gore-Tex is bought by consumers who seek garments with the dual abilities of shedding rain and wicking perspiration away from the body. Based on these unique attributes, we believe that Gore-Tex is more than a mere trimming or lining. Thus, the Explanatory Note language above directs us back to a consideration of the Chapter Notes, and application of Note 5.

We note that we are distinguishing parka-type garments from anoraks. Parka-type garments are classifiable under the provisions for overcoats, car-coats, capes, cloaks and similar articles, not under the provisions for anoraks, (including ski- jackets) and similar articles. In order for a garment to be considered a parka, it must have a hood, a complete opening at the front fastened by a zipper or a Velcro-like fastener, with or without a protective flap; a lining either quilted or of simulated fur fabric; a drawstring or other tightening device at the waist, except a belt, and outer pockets. The length of the parka may vary from mid-thigh to knee.

Anoraks have many features in common with parkas; however, they differ in regards to the length of the garment. The length of an anorak can vary from waist length to mid-thigh only. Anoraks must have a hood which can be concealed in the collar; a complete opening at the front fastened by a zipper or velcro; a lining quilted or padded, a drawstring or other means of tightening; close-fitting elasticized sleeve-ends; collar and pockets. If the length of the garment is longer than mid- thigh and yet has the features described above, it will nevertheless be considered a parka and classifiable under the provisions for overcoats, car-coats, capes, cloaks and similar articles.

The term "similar articles" in relation to anoraks, includes garments which have the features of an anorak except for either a hood or a lining. These similar articles include garments defined as anoraks which have only a partial opening and fastening device at the front.

-4-

With respect to the instant category 1 sample knee-length "Columbia Sportswear garment, it is considered a parka because of its length.

HOLDING:

In view of the foregoing, all the garments are classifiable under heading 6210. The "Columbia Sportswear" parka is classified under subheading 6210.20.2020, HTSUSA, which provides for other garments, of the type described in subheadings 6201.11 to 6201.19, other, other, textile category 634, and dutiable at the rate of 6.6 percent ad valorem.

All remaining jackets are classified under subheading 6210.40.1020, HTSUSA, which provides for garments, made up of fabrics of heading 5903, other men's or boys' garments, of man- made fibers, other, anoraks (including ski-jackets), windbreakers and similar articles, textile category 634, and dutiable at the rate of 7.6 percent ad valorem.

The pants are classified under subheading 6210.40.1030, HTSUSA, which provides for garments, made up of fabrics of heading 5903, other men's or boys' garments, of man-made fibers, other, trousers and breeches, textile category 647, and dutiable at the rate of 7.6 percent ad valorem.

The "Schoffel" ski overalls are classified under subheading 6210.40.1040, HTSUSA, which provides for garments, made up of fabrics of heading 5903, other men's or boys' garments, of man-made fibers, other, overalls and coveralls, textile category 659, and dutiable at the rate of 7.6 percent ad valorem.

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.

Sincerely,

John Durant, Director
Commercial Rulings Division