HQ 087163: Waterproof garment, request for modification of Los Angeles District Ruling Letter 847531

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 087163

                                   January 22, 1990



            CLA-2 CO:R:C:G 087163 DRR  x-ref 851358

            CATEGORY: Classification

            TARIFF NO.: 6202.93.4500

            Ms. Donna L. Shira
            Sharretts, Paley, Carter & Blauvelt, P.C.
            80 Broad Street
            New York, New York 10004

            Re:  Waterproof garment, request for modification of Los
                 Angeles District Ruling Letter 847531

            Dear Ms. Shira:

                 This is in reference to your letter dated April 6, 1990,
            requesting the modification of ruling letter 847531, dated
            December 26, 1989.

            FACTS:

                 The merchandise at issue is represented by a women's
            reversible jacket style Nos. 36032 and 86039, of woven man-
            made fibers from Hong Kong.  The garment has a full front
            zipper opening, long sleeves with cuffs secured by a snap
            button, an elasticized waist, a stand-up collar with a
            drawstring and slant pockets.  One side of the jacket is made
            of 65 percent polyester and 35 percent cotton fabric.  The
            other side is made of 100 percent nylon fabric.  The inner
            surface of the outer shell fabric appears to have been coated
            with polyurethane.  Ruling letter 847531, dated December 26,
            1989, classified the garment in subheading 6202.93.5010,
            HTSUSA, with a duty rate of 29.5 percent ad valorem and
            subject to visa category 635.  In your request for
            reconsideration, you state that the garment is water-
            resistant, but that a non-coated sample was inadvertently
            submitted with the original request.  Your request for
            reconsideration is accompanied by a different sample, the
            fabric of which has been coated, which you state is the
            correct sample.  In light of the fact that the Los Angeles
            District Office correctly classified the article submitted at
            that time and your request of April 6, 1990, involves a
            different article, it will be treated as a de novo request for
            classification pursuant to 19 C.F.R. 177.













                                         - 2 -


            ISSUE:

                 Whether the garment at issue is classifiable in
            subheading 6202.93.5010, HTSUSA, or subheading 6202.93.4500,
            HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise is in accordance with the
            General Rules of Interpretation (GRI), 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. Heading 6202, HTSUSA, provides for, among other things,
            women's jackets and anoraks.  Subheading 6202.93.4500, HTSUSA,
            provides for women's or girl's overcoats, carcoats, capes,
            cloaks, anoraks (including ski-jackets)...anoraks..., of
            manmade fibers, other, water resistant.  Subheading
            6202.93.5010, HTSUSA, provides for women's or girl's
            overcoats, carcoats, capes, cloaks, anoraks (including ski-
            jackets)...anoraks..., of manmade fibers, other, other,
            women's.

                 Additional U.S. Note 2, Chapter 62, states that "water
            resistant" means that garments classifiable in certain
            subheadings (including subheading 6202.93.4500) must have a
            water resistance such that, under a head pressure of 600
            millimeters, not more than 1 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.  The second sample garment was tested by the Custom's
            laboratory and was found to meet the required standards for
            water resistance.

            HOLDING:

                 The garment in question, the inner surface of which is
            coated with plastic, is classified under subheading
            6202.93.4500, HTSUSA, with a duty rate of 7.6 percent ad
            valorem and subject to visa category 635.

                 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, 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.











                                        - 3 -


                 Due to the changeable nature of the statistical
            annotation 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















































            6 cc: A.DS. N.Y., Seaport
            1 cc: Los Angeles DD
            DRRimmer library/peh
            name: 087163