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Customs Classification:

Outerwear David J. Evan

599 Lexington Avenue, New York, New York 10022

Tel.: 212-557-4000; Fax: 212-557-4415;

e-mail: devan@gdlsk.com

September 29, 2016

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Outerwear Classification

• Jacket v. Coat

• Water Resistant Garments

• Visibly Coated

• New - Recreational Performance Outerwear

• Plastic Apparel

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• Chapter 62 Woven Apparel

– 6201/6202 – Water resistant

– 6210 – Visibly Coated

– Chapter 39 (HTS 3926) Plastic Apparel

• New Subheadings added to Headings 6201/6202 for “Recreational Performance Outerwear” – effective August 22, 2016. This also resulted in new tariff #s for other garments in Chap. 62 (but same duty rates)

Outerwear Classification

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• No single feature will determine

classification

• Length is no longer the primary indicator

• Has become more subjective

Coats v. Jackets - 6201/6202

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Indicative of Jackets

1. From neck to waist; less than mid-thigh

2. Full or partial front opening

3. Slimmer cut

4. Tightening at cuffs/wrists

5. Zipper closure

Indicative of Coats

1. Thigh length or longer

2. Full front opening

3. Fuller cut

4. No tightening at cuffs/wrists

5. Button closure

Coats v. Jackets - 6201/6202

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Item House v. U.S. • Complaint filed

9/9/19 • Gov’t response due

11/14/16 • No informal advice

or binding rulings until case is resolved

Coats & Jackets - (6201/6202)

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• Only woven garments are eligible (cotton and MMF anoraks/jackets, synthetic pants, bib & brace overalls, ski suits)

• Not eligible: overcoats, car coats, raincoats, capes, etc. • Must have an application of rubber or plastic to the shell,

lining or inner lining. • Must pass water resistance test (Chapter 62 U.S. Note 2) • No gaps in coating permitted (edge to edge) (exceptions:

hoods, cuffs, collars, waistbands do not need to pass) • Quilted fabric can qualify but need unquilted production fabric

if Customs wants to test. • Woven outer shell bonded to a pile knit fabric – classifiable as

knit and will not qualify. • Infants garments (sizes 0 to 24 months) do not qualify.

Water Resistance - (Chapter 62)

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• Applies to knit or woven; not limited to outerwear. • Must be visibly coated, laminated, etc. with rubber or

plastic on inner or outer surface of the outer shell. • No performance test like water resistance; must be

visible to naked eye (subjective test); change in color alone does not qualify.

• For quilted shells, fabric must be quilted after components are cut

Visibly Coated - (6113, 6210)

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Visibly Coated

Exceptions: • Outershell bonded to pile

knit will be a knit and will not qualify

• Infants garments (0 to 24 months) do not qualify

• Woven down-filled garments – do not use visibly coated fabric; Down (4.4%) loses to visibly coated (7.1%).

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• New tariff provisions in Chap 62 took effect 8/22/16 • Trousers, coveralls, bib & brace overalls, jackets,

padded sleeveless jackets • Cotton, wool, hemp, bamboo, silk, MMF • Either water resistant or visibly coated, or both; • With critically sealed seams, and • With 5 or more of the following features:

Recreational Performance

Outerwear

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Requirements:

• Water resistant or visibly coated, or both;

• Critically sealed seams, and

• 5 or more of the following features:

1. Insulated for cold weather protection;

2. Pockets, at least one of which has a zippered, hook and loop, or other type of closure;

3. Elastic, draw cord or other means of tightening around the waist or leg hems, including hidden leg

sleeves with a means of tightening at the ankle for trousers and tightening around the waist or

bottom hem for jackets;

4. Venting, not including grommet(s);

5. Articulated elbows or knees;

6. Reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles or cuffs;

7. Weatherproof closure at the waist or front;

8. Multi-adjustable hood or adjustable collar;

9. Adjustable powder skirt, inner protective skirt or adjustable inner protective cuff at sleeve hem;

10. Construction at the arm gusset that utilizes fabric, design or patterning to allow radial arm

movement; or

11. Odor control technology

Recreational Performance Outerwear

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Recreational Performance Outerwear A lot of definitions:

'Sealed seams' - seams that have been covered by means of taping, gluing, bonding, cementing,

fusing, welding or a similar process so that air and water cannot pass through the seams when

tested in accordance with the current version of AATCC Test Method 35.

'Critically sealed seams' means--

(A) for jackets, windbreakers and similar articles (including padded, sleeveless jackets),

sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or

both, where applicable; and

(B) for trousers, overalls and bib and brace overalls and similar articles, sealed seams that

are sealed at the front (up to the zipper or other means of closure) and back rise.

'Insulation for cold weather protection' - insulation that meets a minimum clo value of 1.5 per

ASTM F 2732.

'Venting' refers to closable or permanent constructed openings in a garment (excluding front,

primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during

outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a

garment but may also be placed along other seams in the front or back of a garment. In trousers,

such openings are often positions on the inner or outer leg seams of a garment but may also be

placed along other seams in the front or back of a garment.

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Recreational Performance Outerwear 'Articulated elbows or knees' refers to the construction of a sleeve (or pant leg) to allow

improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets or other

means.

'Reinforcement' refers to the use of a double layer of fabric or section(s) of fabric that is

abrasion-resistant or otherwise more durable than the face fabric of the garment.

'Weatherproof closure' means a closure (including, but not limited to, laminated or coated

zippers, storm flaps or other weatherproof construction) that has been reinforced or engineered in

a manner to reduce the penetration or absorption of moisture or air through an opening in the

garment.

'Adjustable powder skirt' and 'inner protective skirt' refer to a partial lower inner lining with

means of tightening around the waist for additional protection from the elements.

'Arm gusset' means construction at the arm of a gusset that utilizes an extra fabric piece in the

underarm, usually diamond- or triangular-shaped, designed or patterned to allow radial arm

movement.

'Radial arm movement' refers to unrestricted 180-degree range of motion for the arm while

wearing performance outerwear.

'Odor control technology' means the incorporation into a fabric or garment of materials,

including, but not limited to, activated carbon, silver, copper or any combination thereof, capable

of adsorbing, absorbing or reacting with human odors, or effective in reducing the growth of

odor-causing bacteria.

Recordkeeping - The importer must maintain records demonstrating compliance and presence

of the specific required features.

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• Compact or cellular plastic with no fabric

backing = 5%

• Cellular plastic with fabric backing for

reinforcement purposes only = 5%

• Plastic Rainwear, including jackets, coats,

ponchos, parkas and slickers, featuring an outer

shell of PVC with or without attached hoods,

valued not over $10/unit = Free

Plastic Apparel- 3926

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Questions?

David J. Evan

GDLSK LLP

599 Lexington Ave., 36th Floor

New York, N.Y. 10022

Direct: 212-973-7725

devan@gdlsk.com

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