Coverall designed for severe weather conditions with outershell coated from the inside with visible plastics application isclassifiable in heading 6210.
Active· CBP ruling HQ 086267· Issued 1990-02-05
Ruling text
HQ 086267
February 5, 1990
CLA-2 CO:R:C:G 086267 HP
CATEGORY: Classification
TARIFF NO.: 6210.50.1040
Ms. Debora J. Steiner
McClary, Swift/Harper Robinson
21400 Highway 99S
Seattle, WA 98198
RE: Coverall designed for severe weather conditions with outer
shell coated from the inside with visible plastics application is
classifiable in heading 6210.
Dear Ms. Steiner:
This is in reply to your letter of October 20, 1989, concern
ing the tariff classification of a jump suit, produced in Norway,
under the Harmonized Tariff Schedule of the United States
Annotated
(HTSUSA). Please reference your client Svino Enterprises.
FACTS:
The merchandise at issue consists of an insulated coverall.
The outer shell is composed of 100% woven nylon, International
Orange in color. It has a woven inner lining quilted to a
nonwoven
man-made filling. The garment contains a front zipper opening
spanning neck to crotch, a storm flap over the zipper, a Velcro-
like closure on the lower portion of the storm flap, slant,
zippered front hip pockets, rear and breast patch pockets with
flaps, a patch pocket on the left leg, a non-detachable hood with
2-snap closure, and an elasticized waist. Our laboratory has
determined that the outer shell has upon it a coating of polyure
thane plastics, applied from the inside. You state that the
garment is 100% waterproof, windproof, and fully insulated for
severe weather conditions. The garment has been specifically
designed for fisherman and other workers in the "Aquaculture
[sic.]" (hydroponics) and "Mariculture" (cultivation of marine
organisms in their natural habitats) industries. You also state
that the garment was also used by the U.S. Coast Guard, and by
crews on other vessels, to clean the Prince William Sound after
the
Exxon|-Valdez disaster.
ISSUE:
Whether the garment is classifiable in heading 6210, HTSUSA?
LAW AND ANALYSIS:
Heading 5903, HTSUSA, provides for classification of textile
fabrics impregnated, coated, covered or laminated with plastics,
other than tire cord covered by Heading 5902.
Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:
Heading No. 59.03 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, ... 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 colour; * * *
The wording of Note 2(a)(1) ("cannot be seen with the naked
eye") is a clear expression by the drafters of the Harmonized
System that a significant, if not substantial, amount of material
must be added to a fabric for it to be considered "impregnated,
coated, covered or laminated. The plastics material added to the
fabric must be visibly distinguishable from that fabric without the
use of magnification. Any change in the "feel" of the material is
not taken into account. In essence, the plastics coating must
alter the visual characteristic of the fabric in order for the
fabric to be considered coated with plastics.
Applying the statutory test to the submitted samples, using
normally corrected vision in a well lighted room, it is our opinion
that the shell fabric has a sufficient coating to be visible to the
naked eye. The plain weave of the nylon is not as apparent after
the plastics application, and in some areas is not visible at all.
The shell fabric is therefore a fabric of heading 5903, HTSUSA.
Heading 6210, HTSUSA, provides for garments made up of fabrics
of, inter alia, heading 5903. In HRL 081134 of April 27, 1989, we
stated that
[t]he 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 head
ings, and which imparts a significant charac
teristic to that garment. [It is clear in the
instant matter that the PU portion of the
outer shell, covering the majority of the
surface area and providing protection from
inclement weather, imparts such a significant
characteristic.]
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 [merchandise is provided for] ... in
heading [6211] ..., they are, nevertheless,
classifiable in Heading 6210, "garments, made
up of fabrics of heading 5903...." Thus, they
are classified according to General Rule of
Interpretation (GRI) 1, in Heading 6210.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6210.50.1040, HTSUSA, textile category
659, as garments, made up of fabrics of heading 5602, 5603, 5903,
5906 or 5907, other women's or girls' garments, of man-made fibers,
other, overalls and coveralls. The applicable rate of duty is 7.6
percent ad valorem.
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 negotiations 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 issuance of the U.S. Customs Service, which is updated
weekly and is available at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the re
straint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine the
current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 086267, retrieved 2026-10-12T05:19:16Z, republished verbatim. This digest is informational; only CBP issues binding rulings.