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NY 853484

July 10, 1990

CLA-2-62:S:N:N3I:357 853484

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3510; 6203.43.3500; 6203.43.4010

Ms. Doris Acosta
Warnaco, Inc.
485 7th Avenue
14th Floor
New York, NY 10018

RE: The tariff classification of a man's jacket and a man's pair of trousers from Korea.

Dear Ms. Acosta:

In your letter dated June 6, 1990, on behalf of White Stag Skiwear, you requested a tariff classification ruling.

Two samples were submitted as follows: Style number 22284 is a man's hip-length jacket. The shell of the jacket is constructed of a woven 100% polyester fabric which you state is coated with polyurethane. The garment has a woven 100% nylon lining and a non-woven 100% polyester insulation. The jacket has a full front opening with a heavy-duty zipper closure and an overlapping flap with five snaps that partially covers the zipper area. The garment features contrasting colored fabric inserts and an elasticized waistband and sleeve cuffs. There are two zippered front pockets with a self-fabric snap tab at the bottom, a left chest pocket with a snap flap, a zippered left inner pocket and a right inner pocket secured by a "VELCRO"-type fastener.

Style number 26215 is a man's pair of trousers. The trousers are constructed of a woven 100% nylon fabric shell which you state is coated with acrylic. There is a woven 100% nylon lining and a non-woven 100% polyester insulation. The trousers feature a front zipper opening secured at the waist by a hook fastener. There are two zippered front pockets below the waist and one zippered pocket on the left thigh. The ankle cuffs are elasticized and the waistband is partially elasticized on the back.

The coatings on the jacket and on the trousers are not separately visible, therefore HTS 6210 does not apply.

The samples are being returned to you as you have requested.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3510 which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29.5 percent ad valorem.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's trousers, of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers, of synthetic fibers. The rate of duty will be 29.7 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements, products of Korea are presently subject to quota restraints and a visa requirement.

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, 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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