HQ 087553: Classification of women's anorak with Du Pont ZEPEL coating

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 087553

                                  October 16, 1990




          CLA-2 CO:R:C:G  087553  DRR

          CATEGORY: Classification

          TARIFF NO.: 6202.93.4500

          Ms. Margaret Polito
          Coudert Brothers
          200 Park Avenue
          New York, New York 10166

          Re:  Classification of women's anorak with Du Pont ZEPEL coating

          Dear Ms. Polito:

               This is in reference to your letter dated June 15, 1990,
          requesting, on behalf of Du Pont de Nemours & Co., Inc., the
          classification of a women's anorak under the Harmonized Tariff
          Schedule of the United States (HTSUSA).

          FACTS:

               The merchandise at issue is represented by a womens's ski-
          jacket.  The woven outer shell is 65 percent polyester and 35
          percent cotton.  The inner lining is 100 percent polyester, the
          lining is 100 percent quilted nylon.  The jacket is waist long
          with a full front zipper opening covered by a textile flap, which
          is secured by three buttons.  The jacket has long sleeves with
          elastic cuffs, a collar, and side pockets.  The outer shell
          fabric is treated with Du Pont ZEPEL prior to the manufacture of
          the jacket.  In your letter you state that you believe that the
          requirements of U.S. Additional Note 2 to Chapter 62 of the
          HTSUSA have been met and that the garment is classifiable under
          subheading 6202.93.4500, HTSUSA.  Your request is accompanied by
          a copy of a laboratory report which states that the fabric meets
          the test requirements for water resistance of the HTSUSA.  You
          further state that the country of origin is, as yet,
          undetermined.

          ISSUE:

               What is the proper classification of the garment at issue?















                                        - 2 -


          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
          anoraks, including ski-jackets.  Subheading 6202.93.4500, HTSUSA,
          provides for Women's or girl's overcoats, carcoats, capes,
          cloaks, anoraks (including ski-jackets)...Anoraks..., Of man-made
          fibers: Other, Water resistant.   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.  Du Pont ZEPEL has been accepted by Custom as a
          plastic coating which meets the standards for water resistance.
          (See Headquarters Ruling Letter (HRL) 086951, dated July 17,
          1990, and HRL 086879, dated June 8, 1990.)

          HOLDING:

               The garment in question is classifiable under subheading
          6202.93.4500, HTSUSA, as Women's or girl's overcoats, carcoats,
          capes, cloaks, anoraks (including ski-jackets)...,  Anoraks...,
          Of man-made fibers, Other, Water resistant.  Assuming the garment
          will be produced in countries entitled to most favored nation
          status, the duty rate will be 7.6 percent ad valorem.  The
          garment will also be subject to textile 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.D. N.Y., Seaport
          DRRimmer library/peh
          name: 082074