CLA-2 CO:R:C:T 087317 CMR
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.
-2-
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
-3-
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