HQ 081134

April 27 1989

CLA-2 CO:R:C:G 081134 DSN

CATEGORY: Classification

TARIFF NO.: 6210.20.2020, 6210.40.1020, 6210.40.1030,

6210.40.1040

Gail T. Cumins, Esquire

Sharretts, Paley, Carter & Blauvelt, P.C.

Eighty Broad Street

New York, New York 10004

RE: Classification of garments made from Gore-Tex laminations.

Anorak; parka; THIS DECISION REVOKED IN PART!!!!!

Dear Ms. Cumins:

This is in response to your inquiry of September 29,

1987, on behalf of W. L. Gore & Associates, Inc., concerning

classification of garments containing Gore-Tex lamination,

under the Harmonized Tariff Schedule of the United States

Annotated (HTSUSA). Samples were submitted for examination.

FACTS:

The sample garments are divided into three categories

based on their construction. All samples have woven

outershells.

Category 1 are garments which have an outershell

laminated to Gore-Tex. The garments in this category are a

knee-length \"Columbia Sportswear\" parka and a hooded \"Sierra\"

ski jacket.

Category 2 are garments which have Gore-Tex laminated to

the lining. The garments in this category feature a

\"Forrester\" 2-piece golf suit and a \"Marmot\" suit consisting of

a hooded jacket and matching pants.

Category 3 are garments which have interlinings composed

of a Gore-Tex fabric. The garments in this category feature

\"Schoffel\" nylon ski overalls, an \"Obermeyer\" nylon ski jacket

with matching pants, and an outdoor nylon jacket.

-2-

ISSUE:

Whether the garments in question are classified under

heading 6201, or heading 6210, HTSUSA.

LAW AND ANALYSIS:

Heading 5903, HTSUSA, provides for textile fabrics

impregnated, coated, covered or laminated with plastics, other

than those of heading 5902. Note 2 to Chapter 59 states that

Heading 5903 applies to (a) textile fabrics, impregnated,

coated, covered or laminated with plastics. Gore-Tex fabrics

are produced by the lamination of a textile fabric with a sheet

of expanded polytetrafluorethylene, a plastic.

Heading 6210 provides for garments, made up of fabrics of

heading 5903. The term \"made up\" is defined in Section XI,

note 7, which includes articles which are (e) assembled by

sewing, gumming or otherwise. Note 7 does not further define

the above, so the Explanatory Notes, which constitute the

official interpretation of the tariff at the international

level, are utilized. In the General Explanatory Notes, part

II, at page 714, it is noted that the term \"made up\" articles,

assembled by sewing, gumming or otherwise, includes garments.

Without further express limitation to the term \"made up\",

heading 6210 is interpreted to cover any assembled garment

which includes a material classifiable in one of the enumerated

headings, and which imparts a significant characteristic to

that garment.

Chapter 62, note 5 states that \"garments which are, prima

facie, classifiable both in Heading 6210 and in other headings

of this chapter, excluding Heading 6209, are to be classified

in Heading 6210.\" Even though the instant samples are

specifically described in headings providing for coats, anoraks

and similar articles, and the instant pants and overalls are

provided for in subheadings describing trousers and overalls,

they are, nevertheless, classifiable in Heading 6210,

\"garments, made up of fabrics of heading 5903\" by virtue of

being made up of Gore-Tex fabrics. Thus, they are classified

according to General Rule of Interpretation (GRI) 1, in Heading

6210\.

In addition, the Explanatory Notes to Chapter 62 confirm

that Heading 6210 is applicable. It states in pertinent part:

-3-

The classification of goods in this Chapter is

not affected by the presence of parts or

accessories of, for example, knitted or crocheted

fabrics, furskin, feather, leather, plastics or

metal. Where, however, the presence of these

materials constitutes more than mere trimming the

articles are classified in accordance with the

relative Chapter Notes\...

In tariff terms, Gore-Tex is a laminated fabric,

contemplated by the terms of Section XI and Chapter 62 to

become a part of a finished garment. In commercial terms,

Gore-Tex is bought by consumers who seek garments with the dual

abilities of shedding rain and wicking perspiration away from

the body. Based on these unique attributes, we believe that

Gore-Tex is more than a mere trimming or lining. Thus, the

Explanatory Note language above directs us back to a

consideration of the Chapter Notes, and application of Note 5.

We note that we are distinguishing parka-type garments

from anoraks. Parka-type garments are classifiable under the

provisions for overcoats, car-coats, capes, cloaks and similar

articles, not under the provisions for anoraks, (including ski-

jackets) and similar articles. In order for a garment to be

considered a parka, it must have a hood, a complete opening at

the front fastened by a zipper or a Velcro-like fastener, with

or without a protective flap; a lining either quilted or of

simulated fur fabric; a drawstring or other tightening device

at the waist, except a belt, and outer pockets. The length of

the parka may vary from mid-thigh to knee.

Anoraks have many features in common with parkas;

however, they differ in regards to the length of the garment.

The length of an anorak can vary from waist length to mid-thigh

only. Anoraks must have a hood which can be concealed in the

collar; a complete opening at the front fastened by a zipper or

velcro; a lining quilted or padded, a drawstring or other means

of tightening; close-fitting elasticized sleeve-ends; collar

and pockets. If the length of the garment is longer than mid-

thigh and yet has the features described above, it will

nevertheless be considered a parka and classifiable under the

provisions for overcoats, car-coats, capes, cloaks and similar

articles.

The term \"similar articles\" in relation to anoraks,

includes garments which have the features of an anorak except

for either a hood or a lining. These similar articles include

garments defined as anoraks which have only a partial opening

and fastening device at the front.

-4-

With respect to the instant category 1 sample knee-length

\"Columbia Sportswear garment, it is considered a parka because

of its length.

HOLDING:

In view of the foregoing, all the garments are

classifiable under heading 6210. The \"Columbia Sportswear\"

parka is classified under subheading 6210.20.2020, HTSUSA,

which provides for other garments, of the type described in

subheadings 6201.11 to 6201.19, other, other, textile category

634, and dutiable at the rate of 6.6 percent ad valorem.

All remaining jackets are classified under subheading

6210.40.1020, HTSUSA, which provides for garments, made up of

fabrics of heading 5903, other men\'s or boys\' garments, of man-

made fibers, other, anoraks (including ski-jackets),

windbreakers and similar articles, textile category 634, and

dutiable at the rate of 7.6 percent ad valorem.

The pants are classified under subheading 6210.40.1030,

HTSUSA, which provides for garments, made up of fabrics of

heading 5903, other men\'s or boys\' garments, of man-made

fibers, other, trousers and breeches, textile category 647, and

dutiable at the rate of 7.6 percent ad valorem.

The \"Schoffel\" ski overalls are classified under

subheading 6210.40.1040, HTSUSA, which provides for garments,

made up of fabrics of heading 5903, other men\'s or boys\'

garments, of man-made fibers, other, overalls and coveralls,

textile category 659, and dutiable at the rate of 7.6 percent

ad valorem.

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.

Sincerely,

John Durant, Director

Commercial Rulings Division