HQ 089305: Classification of a Ski Jacket

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                             HQ 089305

                           July 31, 1991

CLA-2  CO:R:C:T  089305 PR

CATEGORY:  Classification

TARIFF NO.:  6210.50.1020

Mr. Lindy L. Miller
Charles M. Schayer & Co.
P.O. Box 38367
Denver, Colorado 80238

RE:  Classification of a Ski Jacket

Dear Mr. Miller:

     This is in reply to your letter of April 5, 1991, on behalf
of Descente America, Inc., addressed to our New York office,
concerning the classification of certain ski jackets.  Our ruling
on the matter follows.

FACTS:

     The sample, a woman's jacket manufactured in Japan, has a
woven nylon outer shell, a woven lining, a full front zippered
opening with a storm flap, elasticized cuffs and waistband, and
slant opening pockets with zipper closures in the waist area.
Between the lining and outer shell is an interlining  which
consists of a nonwoven batting of polyester fibers laminated to
a sheet of plastic film (which is said to provide water
resistance).

ISSUE:

     The issue presented is whether the garment is classifiable
under Heading 6210, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), as a garment made up of fabrics of
5602 (batting) and 5603 (nonwoven fabrics), HTSUSA, and if so,
are they classifiable at the subheading level according to those
fabrics, or according to the component which imparts their
essential character.

LAW AND ANALYSIS:

     Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA).  GRI 1 provides that for legal
purposes, classification shall be determined according to the
terms of the headings in the tariff and according to any
pertinent section or chapter notes.  GRI 2(b) provides that a
reference to a material in a heading shall be taken to include
combinations of that material with other materials and that any
reference to goods of a given material shall be taken to include
goods partly of that material; if goods consist of more than one
material, then classification will be according to GRI 3.  GRI
3(a) requires that where two or more headings describe the
merchandise, the more specific will prevail; or if two or more
headings each  refer to part only of the materials in the goods,
then classification will be by GRI 3(b).  GRI 3(b) states that
the material or component which imparts the essential character
to the goods will determine their classification.

     Here, the sample is a composite good containing, in addition
to its woven outer shell and lining, an interlining of batting or
nonwoven fabric that has been laminated with plastics material.
The interlining provides significant characteristics (warmth and
resistance to wind and moisture) to the garment.  However, it is
Customs view that usually it is the outer shells of garments
which create those garments (establish their identities as coats,
trousers, etc.) and which, therefore, impart the essential
character to those garments.

     On March 20, 1990, this office published a notice in the
Federal Register (55 F.R. 10249) concerning a proposed
interpretative rule relating to the classification of garments
composed in part of linings or interlinings of specialized
fabrics or of nonwoven fabric insulating layers.

     Customs present position is that a garment is "made up of"
any fabric which imparts a significant characteristic to that
garment.  The notice proposed, contrary to that position, that a
garment not be classified under Headings 6113 or 6210, HTSUSA,
which provide for garments "made up of" certain named fabrics,
unless it is determined that those fabrics impart the essential
character of the garment.  It is anticipated that Customs will
shortly announce its final decision on that proposal.

     In our ruling of June 13, 1989, file 083721, a jacket with
a heavy nonwoven fabric insulating layer was determined to be
classifiable in Subheading 6210.40.1020, HTSUSA, which provides
for other men's or boys' garments of man-made fibers, made up of
fabrics of (in this case) Heading 5603.  This result was obtained
because the heavier-than-usual nature of the nonwoven fabric
contributed significantly to the garment and could not be
ignored.  It should be noted that even though the garment was
determined to be "made up of fabrics" of Heading 5603, the
garment was not determined to have its essential character
imparted by the nonwoven fabric and, therefore, was not
classified under the subheading for garments of fabrics Heading
5602 and 5603.  See also HRL 081134, dated April 27, 1989.

HOLDING:

     In the absence of an announcement published in the Federal
Register that Customs is changing its position with regard to the
classification of garments composed in part of linings or
interlinings of specialized fabrics or of nonwoven fabric
insulating layers, the sample garment is classifiable under
Heading 6210 as an anorak, windbreaker, or similar garment, made
up of fabrics of Headings 5602 and 5603, of man-made fibers, in
subheading 6210.50.1020, with duty, as a product of Japan, at the
rate of 7.6 percent ad valorem.  The designated textile and
apparel category applicable to this merchandise is 634.

          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
6cc:  Area Director, New York Seaport
1cc:  CITA
1cc:  Dick Crichton--OTO
1cc:  Cynthia Reese
1cc:  District Director, Denver