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NY 877361




SEPTEMBER 10, 1992

CLA-2-62:S:N:N3I:357 877361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2050; 6201.92.1000

Mr. Steven Papier
H.Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, N.J. 07306

RE: The tariff classification of men's jackets from China

Dear Mr. Papier:

In your letter dated August 12, 1992, you requested a classification ruling.

Two samples were submitted as follows: Style number 50293 is an upper-thigh length jacket constructed of a shell composed of a woven 100% cotton fabric. The jacket features a detachable plaid lining composed of a woven 80% wool/20% nylon fabric. The lining is not a type that would be worn as a separate garment. The lining is held to the garment by nine buttons. The jacket has a full front opening secured by five buttons, a shirt-type corduroy collar, a pocket on the left chest and two front bellows pockets below the waist.

Style number 13163 is a double jacket set consisting of a woven outer jacket and a woven inner jacket which can be zippered together along the front edges and buttoned 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.

The outer jacket is thigh-length and is constructed of a woven 100% cotton fabric shell. The garment has a full front opening with a heavy-duty zipper closure as well as a secondary zipper for the attachment of the inner jacket. A detachable hood with a drawcord is held to the jacket by five snaps. A drawcord tightening is also located at the waist. Below the waist there are two zippered front pockets and two patch pockets with flaps. The sleeve cuffs are elasticized and have an adjustable "VELCRO"- type fastener.

The orange inner jacket is hip-length and is constructed of a woven quilted 100% cotton fabric outershell. You have indicated that the jacket has an 80% down/20% feather fill. Please note, this type of garment is subject to a laboratory analysis upon importation. The jacket has a full front opening secured by a heavy-duty zipper closure. The sleeves of the jacket can be zippered off at the armholes allowing the garment to be worn as a vest. The garment has elasticized inner storm cuffs and two front pockets at the waist. A sewn on textile loop on the sleeve cuffs is used for the attachment of the outer jacket.

Although the garments are claimed to be unisex, according to the catalog they are made to men's specifications and are therefore classified as men's garments.

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

The applicable subheading for style number 50293 will be 6201.92.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 10 percent ad valorem.

The applicable subheading for the outer jacket of style number 13163 will be 6201.92.2050, HTS, which provides for other men's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 10 percent ad valorem.

The applicable subheading for the inner jacket of style number 13163 will be 6201.92.1000, HTS, which provides for men's anoraks, windbreakers and similar articles, of cotton, 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.

Style number 50293 falls within textile category designation 334. The outer jacket of style number 13163 falls within textile category designation 334. The inner jacket of style number 13163 falls within textile category 353. 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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