CLA-2 CO:R:C:G 087964 CC
Mr. Hugh A. Walton
General Manager
DashAmerica Inc.
2300 Central Avenue, Suite G
Boulder, CO 80301
RE: Classification of a jacket; made of a coated woven fabric
and a knit mesh, which is not water resistant; knit mesh more
than mere trimming; garment not classifiable as water resistant;
classified under subheading 6302.93.5010
Dear Mr. Walton:
This letter is in response to your inquiry of July 19,
1990, requesting tariff classification of a jacket. You have
submitted a sample for examination.
FACTS:
The submitted merchandise, designated by you as style 325,
is a hip-length, unisex jacket designed and marketed for cycling
and cross country skiing. The jacket has long sleeves, a full
frontal opening with a zipper, and elasticized cuffs and
waistband. Most of the outer shell, which is described as wind
and water resistant, is made of "Silmond," a densely woven
polyester fabric that has fluoropolymer applied to it. On both
sides there is an insert of fabric, which measures approximately
15 inches by 2 inches, that extends the length of the jacket from
the bottom of the sleeve to the waist. This fabric is a knit
mesh fabric known as "Fieldsensor," which you describe as having
an inherent ability to transfer moisture away from the skin.
ISSUE:
Whether the submitted jacket is classifiable in Heading
6102, 6202, or 6210 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?
Whether the submitted jacket is classifiable under a
subheading that provides for water resistant garments?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Because the jacket is worn by both men and women, Note 8 to
Chapters 61 and 62 is applicable. It provides that articles of
these chapters which cannot be identified as either men's or
boys' garments or as women's or girls' garments are to be
classified in the headings covering women's or girls' garments.
Most of the submitted jacket is made of coated woven fabric;
therefore, it is classifiable in Chapter 62, HTSUSA, which
provides for articles of apparel, not knitted or crocheted.
Heading 6210, HTSUSA, provides for garments made up of fabrics of
Heading 5602, 5603, 5903, 5906, or 5907. Note 2 to Chapter 59
states that Heading 5903 applies to the following:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per square
meter and whatever the nature of the plastic material
(compact or cellular), other than:
(1) Fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye (usually
Chapters 50 to 55, 58 or 60); for the purpose of this
provision, no account should be taken of any resulting
change of color.
We have carefully examined the sample and are unable to see
the coating with the naked eye. Therefore this jacket is not
coated for classification purposes and is not classifiable in
Heading 6210.
Heading 6202, HTSUSA, provides for women's or girls'
overcoats, carcoats, capes, cloaks, anoraks (including ski
jackets), windbreakers and similar articles. The jacket at issue
is a ski-jacket or similar article and is thus classifiable in
this heading.
The submitted jacket also contains knit mesh fabric inserts,
which could affect its classification. We note that an
Explanatory Note to Chapter 61 states the following:
The classification of goods in this Chapter is not
affected by the presence of parts or accessories of, for
example, woven fabrics, furskin, feathers, leather, plastics
or metal. Where, however, the presence of such materials
constitutes more than mere trimming the articles are
classified in accordance with the relative Chapter Notes
(particularly Note 4 to Chapter 43 and Note 2(b) to Chapter
67, relating to the presence of furskin and feathers,
respectively), or failing that, according to the General
Interpretive Rules.
The amount of knit mesh fabric and the function it serves, to
transfer moisture from the skin, persuades us that this fabric is
more than mere trimming. Therefore the jacket is also
classifiable in Heading 6102, which provides for women's knit
ski-jackets, windbreakers, and similar articles. After applying
GRI 1, we are left with competing headings, 6102 and 6202, for
classification of the jacket at issue. Therefore we must apply
the remaining GRI's.
GRI 3(b) provides that mixtures, composite goods consisting
of different materials or made up of different components, and
goods put up in sets for retail sale, shall be classified as if
they consisted of the material or component which gives them
their essential character.
In HRL 084118, dated April 13, 1989, we stated that for
upper or lower body garments, if one component exceeds 60 percent
of the visible surface area, that component, in essence, imparts
the essential character to the garment and will determine the
classification of it. The woven fabric clearly exceeds 60
percent of the visible surface area of the jacket at issue.
Therefore, the sample jacket is classified in Heading 6202,
HTSUSA. The applicable subheading is 6202.93, HTSUSA, which
provides for articles of man-made fibers.
You believe that the jacket at issue is classifiable under
subheading 6202.93.4500, HTSUSA, which provides for water
resistant garments. Additional U.S. Note 2 to Chapter 62
provides that for the purposes of subheading 6202.93.45, among
other subheadings, the term "water resistant" means that
garments classifiable in that subheading 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.
Even assuming that the coated woven fabric meets the water
resistance test, the mesh insert would not meet this test. You
believe that the mesh fabric is placed where it is less
susceptible to water penetration, making the jacket classifiable
as water resistant.
There is nothing in the language of Additional U.S. Note 2
to Chapter 62 that indicates that only a portion of a garment
need be water resistant to make the garment classifiable as water
resistant. The test applies to garments, not to fabric.
Although we would not preclude classification of a garment as
water resistant due to the presence of mere trimming that is not
water resistant, we believe that fabric that is more than mere
trimming could affect whether a particular garment meets the
water resistance test. In addition, we do not believe that the
location of the mesh inserts affects the application of the water
resistance test. Because the submitted jacket would not meet the
water resistance test, it is not classifiable under subheading
6202.93.4500.
HOLDING:
The submitted jacket is classified under subheading
6202.93.5010, HTSUSA, which provides for women's or girls'
overcoats, carcoats, capes, cloaks, anoraks (including ski-
jackets), windbreakers and similar articles (including padded,
sleeveless jackets), other than those of Heading 6204, anoraks
(including ski-jackets), windbreakers and similar articles
(including padded sleeveless jackets), of man-made fibers, other,
other, other, other, women's. The rate of duty is 29.5 percent
ad valorem, and the textile category is 635.
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
Commercial Rulings Division