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NY 863020


May 30, 1991

CLA-2-62:S:N:N3I:357 863020

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3510; 6201.93.1000; 6208.92.0010

Ms. Pamela Ervin
Expeditors International of Washington, Inc. 601 N. Nash Street
El Segundo, California 90245

RE: The tariff classification of a man's double jacket and a woman's robe from China

Dear Ms. Ervin:

In your letter dated May 1, 1991, on behalf of Snowdown International, you requested a classification ruling.

The sample submitted, style number I200/J112 is a man's double jacket. The two-piece jacket set consists of a woven hip- length outer jacket and a woven hip-length inner jacket which can be zippered together along the front edges and snapped together at the sleeve cuffs so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment. Both jackets are also reversible.

The outer jacket sample is constructed of a 65% polyester/35% cotton fabric on one side and a nylon fabric on the other. You state that when the jacket is imported it will be composed of a woven 100% nylon fabric on both sides and will not have a water resistant coating.

The outer jacket has a full front opening with a reversible zipper closure as well as a secondary zipper for attaching the inner jacket. The sleeve cuffs and waistband are elasticized. One side of the jacket has contrasting colored fabric inserts and an overlapping flap with six snaps covering the zipper area. There are two zippered front pockets at the waist and "VELCRO"- type fastener tabs on the sleeve cuffs. Although the jacket is reversible we note that the other side of the garment has a label with "The Company Store" and the size at the nape of the neck, a fiber content and care instruction tag sewn to a side seam and the back side of six snaps showing. Also, the front zipper closure does not completely conceal the underlying zipper.

The inner jacket sample has a down fill consisting of 80% down/20% waterfowl plumage and is constructed of a 65% polyester/35% cotton fabric shell on one side and a 100% nylon fabric shell on the other. You state that when the jacket is imported it will be constructed of a woven 100% nylon fabric on both sides and will not have a water resistant coating.

The inner jacket has a full front opening with a heavy-duty reversible zipper closure. The sleeve cuffs and waistband are composed of a ribbed-knit fabric. One side of the jacket has two zippered front pockets at the waist. The other side has one zippered front pocket at the waist. Although the jacket is reversible we note that on the other side of the garment there is a label with "The Company Store" and the size at the nape of the neck and the fiber content and care instruction tag sewn to a side seam.

The sample submitted for style numbers 95831, 95832 and 96353 is a woman's down filled robe. The robe is constructed of a woven 65% polyester/35% cotton fabric shell and lining. The garment is a full length robe with long sleeves, a shawl collar, a left chest pocket and two front patch pockets below the waist. The robe has an inner string tie and a self-fabric belf which is held to the garment by belt loops.

The samples are being returned to you.

The applicable subheading for the outer jacket will be 6201.93.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the inner jacket will be 6201.93.1000, HTS, which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers, containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down. The duty rate will be 4.7 percent ad valorem.

The applicable subheading for the robe will be 6208.92.0010, HTS, which provides for other women's or girls' bathrobes, dressing gowns and similar articles, of man-made fibers. The duty rate will be 17 percent ad valorem

The outer jacket falls within textile category designation 634. The inner jacket falls within textile category designation 653. The robe falls within textile category designation 650. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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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